08/15/2005
..~
"II! ~ .
.' ~:,'...
- .
City Council Agenda
Date: 08/15/2005 6: 00 PM
Location: Council Chambers - City Hall
Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then
state your name and address. Persons speaking before the City Council shall be limited to three (3)
minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding
items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an
additional minute for each person in the audience that waives their right to speak, up to a maximum
of ten (10)minutes. Prior to the item being presented, please obtain the needed form to designate
a spokesperson from the City Clerk (righthand side of dais). Up to thirty minutes of public comment
will be allowed for an agenda item. No person shall speak more than once on the same subject
unless granted permission by the City Council. The City of Clearwater strongly supports and fully
complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior
to the meeting if you require special accommodations at 727-562-4090. Assisted Listening
Devices are available. Kindly refrain from using beepers, cellular telephones and other distracting
devices during the meeting.
1 Call to Order
2 Invocation
3 Pledge of Allegiance
4 Introductions and Awards:
4.1 Service Award
4.2 None
4.3 American Public Gas Association (APGA) 2005 Safety Management Excellence
Award
5 Presentations:
5.1 Scoping 4 Success
5.2 Proclamation - Make A Difference Fishing Tournament Day (Oct 1, 2005)
5.3 Unveiling of Memorial Causeway Bridge Artwork
6 Approval of Minutes
6.1 August 4, 2005
7 Citizens to be Heard re Items Not on the Agenda
Public Hearings - Not before 6:00 PM
8 Administrative public hearings
- Presentation of issues by City Staff
- Statement of case by applicant or representative (5 min.).
- Council Questions
- Comments in support or opposition (3 min. per speaker or 10 min. maximum as
spokesperson for others that have waived their time).
- Council Questions
- Final rebuttal by applicant or representative (5 min.)
- Council disposition
8.1 Approve the applicant's request to vacate the 20-foot drainage and utility easement
lying within a vacated portion of Chautauqua Boulevard, (a.k.a. 2301 Chautauqua
Avenue), as more particularly described in Ordinance 7492-05 and pass Ordinance
7492-05 on first reading, (VAC2005-11 First Tampa Lake Chautauqua, LLC),
8.2 Approve the applicant's request to vacate the 60-foot right-of-way of Rollen Road
located between the westerly extension of the north and south property lines of Lot 1,
Block "E", Pinebrook Highlands, (a.k.a. 1341 Overlea Street), and pass Ordinance
7491-05 on first reading, (VAC2005-10 Thompson),
9 Quasi-judicial public hearings
Staff states and summarizes reasons for recommendation (2 minutes).
Applicant presents case, including its testimony and exhibits. Witness may be
cross-examined (15 minutes).
Staff presents further evidence. May be cross-examined (10 minutes).
Public comment (3 minutes per speaker or 10 minutes maximum as spokesperson
for others that have waived their time).
City Council discussion, and may question any witness.
Applicant may call witnesses in rebuttal (5 minutes).
Conclusion by applicant (3 minutes).
Decision.
9.1 Approve the Annexation, Land Use Plan Amendment from County Residential
Suburban (RS) and Preservation (P) to City Residential Suburban (RS) and
Preservation (P) and Zoning Atlas Amendment from the County RR, Rural Residential
District, to the City Low Density Residential (LDR) and Preservation (P) Districts for
2695 2nd Avenue S. (Portions of Chautauqua Lake Estates in Section 32, Township 28
South, Range 16 East); and Pass Ordinances 7486-05,7487-05 & 7488-05 on first
reading.
(ANX2005-004015)
9.2 Approve the Annexation, Land Use Plan Amendment from County Residential Low
(RL) to City Residential Low (RL) and Zoning Atlas Amendment from the County R-3,
Single-Family Residential District, to the City Low Medium Density Residential (LMDR)
District for 1555 Bonair Street (Lots 1, 2, 3, 4, and the east one-half of Lot 5, Block A,
Bonair Hills Subdivision in Section 11, Township 29 South, Range 15 East); and pass
Ordinances 7483-05, 7484-05 & 7485-05 on first reading.
(ANX2005-04014)
9.3 Approve the Annexation, Land Use Plan Amendment from County Residential Low
(RL) to City Residential Low (RL) and Zoning Atlas Amendment from the County R-3,
Single-Family Residential District, to the City Low Medium Density Residential (LMDR)
District for 3000 Lake Vista Drive (Lot 6, Block F, Kapok Terrace in Section 09,
Township 29 South, Range 16 East); and Pass Ordinances 7480-05,7481-05 &
7482-05 on first reading.
(ANX2005-04013)
9.4 Approve the Annexation, Future Land Use Plan Amendment from County Residential
Urban (RU) to City Residential Urban (RU) and Zoning Atlas Amendment from the
County R-4, One, Two, and Three Family Residential District, to the City Low Medium
Density Residential (LMDR) District for 1355 Union Street (Lots 3, 4, 5, 6, and 7,
Brooklawn in Section 03, Township 29 South, Range 15 East); and Pass Ordinances
7471-05,7472-05 & 7473-05 on first reading.
(ANX2005-04010)
9.5 Approve the Annexation, Land Use Plan Amendment from County Residential Low
(RL) to City Residential Low (RL) and Zoning Atlas Amendment from the County R-3,
Single-Family Residential District, to the City Low Medium Density Residential (LMDR)
District for 2748 Shaddock Drive (Lot 13, Block 6, Virginia Grove Estates First Addition
in Section 08, Township 29 South, Range 16 East); and Pass Ordinances 7477-05,
7478-05 & 7479-05 on first reading. (ANX2005-04012)
9.6 Approve the Future Land Use Plan Amendment from the Industrial Limited (IL)
category to the Commercial General (CG) category and Zoning Atlas Amendment from
the Industrial, Research, Technology (IRT) District to the Commercial (C) District for
property located at 1822 North Belcher Road (Lot 2, Mathews/Nielsen Replat) and
Pass Ordinance 7469-05 & 7470-05 on first reading.
(LUZ2005-04006)
9.7 Approve the Future Land Use Plan Amendment from the Industrial Limited (IL)
category to the Commercial General (CG) category and Zoning Atlas Amendment from
the Industrial, Research, Technology (IRT) District to the Commercial (C) District for
property located at 1834 North Belcher Road (Lot 1, Mathews/Nielsen Replat) and
Pass Ordinance 7467-05 & 7468-05 first reading.
(LUZ2005-03005)
10 Second Readings - public hearing
10.1 Adopt Ordinance 7490-05 on second reading, amending the code of ordinances
relating to traffic and motor vehicles by creating Section 30.040, Parkin in Revenue
Generating City Parking Lots, Garages, and Other City Property; and amending
sections in Chapter 30 Division I, and sections in Article II, Division 3.
10.2 Adopt Ordinance 7495-05 on second reading, relating to declarations of a state of
emergency, amending Section 15.07 to clarify the procedures for declaring a state of
emergency.
City Manager Reports
11 Consent Agenda
- None
12 Other items on City Manager Reports
12.1 Approve the banking services agreement with Bank of America for a period of five
years commencing October 1, 2005 for an estimated $130,000 annually, and authorize
the appropriate officials to execute same.
12.2 Approve a First Amendment to Gas Supply and Transportation Agreement with TECO
Peoples Gas System, providing for the relocation of the northern metering equipment
referenced in the Gas Supply and Transportation Agreement, dated December 2, 2004
and authorize the appropriate officials to execute same.
12.3 Approve Change Order 1 to TLC Diversified, Inc. of Palmetto, Florida for the Northeast
APCF Filter Rehabilitation & Marshall St. APCF Blower Replacement Project
(03-0066-UT) which increases the contract amount by $329,216.00 for a new contract
total of $2,724,921.00 and approve a time extension of 45 days, and authorize the
appropriate officials to execute same.
12.4 Award a contract for the Drew Street and Lady Mary Drive Drainage Improvements
(03-0009-EN) to Castco Construction Company of Largo, Florida for the sum of
$381,381.83 which is the lowest responsible bid received in accordance with the plans
and specifications and authorize the appropriate officials to execute same.
12.5 Award contracts to Citation Management, Milwaukee, WI, for parking violation
processing services for the period October 1, 2005 through September 30, 2008 at a
cost of $3.13 per citation processed, estimated at $156,500 annually per the final
evaluation of the Request For Proposal #22-05 in accordance with the specifications
and estimated at $53,500 for collection agency services at a fee of 28% of total fines
collected after 80 days for a total contract estimate of $21 0,000 annually; and that the
appropriate officials be authorized to execute same.
12.6 Approve a Special Project Grant Agreement between the City of Clearwater and the
Department of Housing and Urban Development in the amount of $201,184 for design
work for Beach Walk and authorize the appropriate officials to execute same.
12.7 Approve increasing the Marina budget $525,000.00 to cover the increased cost of fuel.
12.8 Pass Ordinance 7514-05 on first reading, amending Section 2.102 of the Code to
reduce the number of board members for the Beautification Committee from seven
members to five members.
12.9 Appoint the Citizen Advisory Committee (CAC) to assist in the preparation of the
Evaluation and Appraisal Report (EAR) required for the Comprehensive Plan and Pass
Resolution No. 05-36.
12.10 Approve nominations for the Florida League of Cities "Florida Cities of Excellence
Awards" for Bill Horne (City Manager of the Year), Cyndie Goudeau (City Clerk of the
Year), and the City of Clearwater (Florida City of Excellence Award).
12.11 Appoint a councilmember to represent the Pinellas County Economic Development
Council for a two year term from August 1,2005 to July 31, 2007.
12.12 Award a contract (purchase order) to Williams Scotsman Inc., Tampa, Florida, in the
amount of $203,040, for the purchase and installation of one Scots Building in
accordance with Sec. 2.564(1)(d), code of Ordinances - GSA Contract Gs-07F-0257M,
and the appropriate officials be authorized to execute same.
12.13 Approve the MCCi (Municipal Code Corporation Innovations) Professional Services
Proposal for the purchase and installation of LaserFiche Electronic Document
Management System at a cost of $68,946, and MuniAgenda Electronic Agenda
program at a cost of $38,600, for a total cost of $107,546, in accordance with Code
Section 2.564(1)(d), other governmental bid (State contract) and authorize the
appropriate officials to execute same.
13 City Attorney Reports
14 City Manager Verbal Reports
15 Council Discussion Items
15.1 Relocation of Calvary Baptist Church Chapel - Hibbard
16 Other Council Action
17 Adjourn
o
l.L
>-
....
From:
o
Interoffice Correspondence Sheet
Mayor and Council members
Cyndie Goudeau, City Clerk V
Bill Horne, City Manager; Garry Brumback, Asst. City Manager; Rod Irwin,
Asst. City Manager; Pam Akin, City Attorney
August 11, 2005
Revisions to Agenda Packet for August 15, 2005
To:
CC:
Date:
RE:
The following changes/additions are provided:
. Revised Agenda, 08-15-05 - Rev 1: Agenda provided.
o NOTE: The Pension Meeting has been moved up to start at 6:00 PM, then
the CRA Meeting will start promptly after, then the awards and
presentations will start.
. Minutes from 07-18-05 CRA Meeting: Minutes provided.
. Minutes from 08-04-05 Council Meeting: Minutes provided.
. Service Awards: There will be a total of 4 service awards.
. Presentation 5.3 - Clearwater Gas System was selected as the 2005 Winner of the
APGA Safety Management Excellence Award: No paperwork.
. Presentation 5.4 - Proclamation for Make a Difference Fishing Tournament Day:
Item added to agenda.
. Item 12.5 - Award Contracts to Citation Management, Milwaukee, WI for parking
violation processing services for the period October 1, 2005 through September 30,
2008: Item added to agenda and paperwork provided.
. Item 12.6 - Approve a Special Project Grant Agreement between the City of
Clearwater and the Department of Housing and Urban Development in the amount
of $201,184 for design work for Beach Walk: Item added to agenda and paperwork
provided.
. Item 12.7 - Approve increasing the Marina budget to cover the increased cost of
fuel: Item added to agenda and paperwork provided.
. Item 12.8 - Pass Ordinance #7514-05 on first reading, amending Section 2.102 of
the Code to reduce the number of board members for the Beautification Committee
from seven members to five: Item added to agenda and paperwork provided.
. Item 12.9 - Appoint the Citizen Advisory Committee (CAC) to assist in the
preparation of the Evaluation and Appraisal Report (EAR) required for the
Comprehensive Plan and Pass Resolution #05-36: Item added to agenda and
paperwork provided.
Memo to Council for 08-15-05 CC Mtg - revisions.doc
. Item 12.10 - Approve nominations for the Florida League of Cities "Florida Cities of
Excellence Awards" for Bill Horne (City Manager of the Year), Cyndie Goudeau (City
Clerk of the Year), and the City of Clearwater (Florida City of Excellence Award):
Item added to agenda and paperwork provided.
. Item 12.11 - Appoint a councilmember to represent the Pinellas County Economic
Development Council for a two year term from August 1, 2005 to July 31, 2007:
Item added to agenda and paperwork provided.
. Item 12.12 - Award a contract to Williams Scotsman Inc., Tampa, FL, in the amount
of $203,040, for the purchase and installation of one Scots Building in accordance
with Sec. 2.564(1 )(d), code of Ordinances - GSA Contract Gs-07F-0257M: Item
added to agenda and paperwork provided.
. Item 12.13 - Approve the MCCI Professional Services Proposal for the purchase
and installation of LaserFiche Electronic Document Management System and
MuniAgenda Electronic Agenda program in accordance with Code Section
2.564(1 )(d): Item added to agenda and paperwork provided.
. CDI - Relocation of Calvary Baptist Church Chapel: Hibbard. No paperwork.
Memo to Council for 08-15-05 CC Mtg - revisions.doc
l.L
o
>-
....
o
Interoffice Correspondence Sheet
To:
Mayor and Councilmembers
From:
Cyndie Goudeau, City Clerk
Bill Horne, City Manager; Garry Brumback, Asst. City Manager; Rod Irwin,
Asst. City Manager; Pam Akin, City Attorney
CC:
Date:
August 15, 2005
RE:
Revisions to Agenda Packet for August 15, 2005
The following changes/additions are provided:
. Revised Agenda, 08-15-05 - Rev 2: Agenda provided.
. Item 4.2 National Recycling Award removed from Agenda (moved to 09-15-05) and
item marked "None".
. Item 5.3 - Unveiling of Memorial Causeway Bridge Artwork, presentation added to
agenda.
. Item 6.1 - Memo regarding changes to 08-04-05 minutes, paperwork provided.
. Handout - Citizen input regarding Downtown Clearwater Development
Memo to Council for 08-15-05 CC Mtg - revisions.doc
R~'.. b. \
~ Clearwater
o
Interoffice Correspondence Sheet
To: Mayor and Council members
From: Cyndie Goudeau, City Cler~
CC: Bill Horne, City Manager; Garry Brumback, Assistant City Manager; Pam
Akin, City Attorney
Date: August 15, 2005
RE: Changes to August 4,2005 minutes
Attached are changes to the August 4, 2005 minutes being recommended by Vice-Mayor
Jonson. The changes provide additional detail regarding the discussion that occurred at
that meeting.
Should you wish to incorporate the recommendations a motion to amend the minutes would
be appropriate.
Minutes Clearwater Council Meeting 8/4/05
Suggested corrections:
Page 13 bottom paragraph:
"Discussion ensued in regard to view corridors from low density residential
properties and the proposal to substitute LDR or LMDR for the word "low" and
specifying such provision applies only to adjacent LDR or LMDR. The City Attorney
said LDR is low density residential geared to protect the rare circumstances when LDR is
adjacent to MHDR. No chaflges directed. The City Attorney was asked to research the
history of the current provision."
[Note: for reference see videotape of meeting at 9:28:50 Ms. Akin and Mayor.]
Page 14 top paragraph:
"Discussion ensued in regard to having a separate workshop specifically on form
of development including open space. setbacks. height and urban design. It was
suggested it be incorporated into a joint meeting with the CDB that could be facilitated
by someone like Dr. James Moore other issues."
[Note: for reference see videotape of meeting at 9:34:00 Mayor, Councilmember
Jonson, and Councilmember Doran]
tin cd
;~ "' L5
'^,
To Mayor and Councilmember's City of Clearwater.
-7,0
eitl:C'il1S -fe,b'i:. h~Md
With pleasure we welcome the developers of Acqua and Opus as well as the other
developers who have come to Downtown Clearwater with the hope of giving new life to
our desolate Downtown. We wish them success both ecortomically and developmentally.
Ten years ago, we believed that the only solution to Clearwater's Downtown was to build
some high-rises in order to get respect and to bring business and people to this depressed
area. Unfortunately, the commissioners at that time (illegally) denied the proposal
without having an alternative plan. It does not surprise me that new developers have
come with the same vision and ideas we had ten years ago. The current Downtown
Clearwater has small buildings and midget high-rises, which is nothing to get excited
about. The citizens who were against the high-rises and preferred this type of low-profile
building never did anything to help support the businesses or find ways to attract people
to the area, and as a result Downtown Clearwater has dropped dead. These same people
should go and support the structures in Downtown Dunedin, which is close by and also
low-profile.
I hope these people stop the parodies and hypocrisies, complaining about the amount of
utilities for the buildings .containing many units in condensed areas. This is no different
than if the same people bought houses, don't they require water and utilities? What about
the high-rises in downtown St. Pete, what is wrong with them? Have they hurt or
improved the downtown area?
We cannot turn the clock many years back anymore. The waterfront and downtown must
be enjoyed by many people, not just a few. For many years the potential benefit has been
wasted. I hope the Mayor and the City Councilmembers give the rights to develop
Downtown Clearwater according to today and the future's needs and standards. If the
building ordinances permit the downtown core to have unlimited height, they have to
give the developers that right. The law is supposed to be above everyone, and no one
should stop the developers from doing something special for today and the future
community. Give these developers the right to build, update, upgrade and bring life back
to Downtown Clearwater. Many other cities are looking for this type of redevelopment.
If we lose this chance, history will never forgive us. .
Terry Tsafatinos
Downtown Clearwater
Property Owner
AU8: t20nS
8.
~te'..:..r
u~
City Council
Cover Memorandum
Tracking Number: 1,493
Actual Date: 08/15/2005
Subject / Recommendation:
Approve the applicant's request to vacate the 20-foot drainage and utility easement lying within
a vacated portion of Chautauqua Boulevard, (a.k.a. 2301 Chautauqua Avenue), as more
particularly described in Ordinance 7492-05 and pass Ordinance 7492-05 on first reading,
(VAC2005-11 First Tampa Lake Chautauqua, LLC),
Summary:
Applicant is seeking vacation of this easement in order to clear the way for development of
Chautauqua Lake Estates, a new 46 unit single family subdivison.
The new subdivision has been platted with new drainage and utility easements and the subject
easement is no longer needed.
Progress Energy, Knology, Verizon and Brighthouse Cable have no objections to the vacation
request.
There are no city utilities present in the subject easement.
Public Works Administration has no objections to the vacation request.
OriClinatinq: Engineering
Section Administrative public hearings
Category: Vacation of Easements and Rights of Way
Number of Hard Copies attached: 3
Public Hearing: Yes
Advertised Dates: 07/31/2005
08/07/2005
Financial Information:
Review Approval
Glen Bahnick
Bryan Ruff
07-25-2005 08:47:36
08-05-2005 14:29:26
07-25-2005 11:25:16
08-04-2005 13:55:07
07-27-2005 14: 15:24
08-04-2005 16:46:36
Cvndie Goudeau
Michael Ouillen
Garrv Brumback
Bill Horne
ORDINANCE NO. 7492-05
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING THE DRAINAGE AND UTILITY
EASEMENT DESCRIBED AS THE SOUTH TWENTY FEET
OF THE VACATED NORTH ONE-HALF OF CHAUTAUQUA
BOULEVARD LYING SOUTH OF BLOCKS FORTY AND
FORTY-ONE, BOUNDED ON THE EAST BY THE
WESTERLY RIGHT-OF-WAY LINE OF LAKE SHORE
DRIVE AND ON THE WEST BY THE SOUTHERLY
EXTENSION OF THE WEST PROPERTY LINE OF LOT 11,
BLOCK 40, CHAUTAUQUA UNIT 1, SECTION A;
PROVIDING AN EFFECTIVE DATE.
~'.8,1
WHEREAS, Sean P. Cashen, P.E., owner of real property located in the City of
Clearwater, has requested that the City vacate the drainage and utility easement depicted
in Exhibit A attached hereto; and
WHEREAS, the City Council finds that said easement is not necessary for
municipal use and it is deemed to be to the best interest of the City and the general public
that the same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following:
The drainage and utility easement described as the south 20 feet of the vacated
north one-half of Chautauqua Boulevard lying south of Blocks 40 and 41, bounded
on the east by the westerly right-of-way line of Lake Shore Drive and on the west
by the southerly extension of the west property line of Lot 11, Block 40,
Chautauqua Unit 1, Section A as recorded in Plat Book 9, Page 52, Official
Records of Pinellas County, Florida;
is hereby vacated, and the City of Clearwater releases all of its rights in the servitude as
described above to the owner of the servient estate thereto.
Section 2. The City Clerk shall record this ordinance in the public records of
Pinellas County, Florida, following adoption.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
Ordinance No. 7492-05
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Bryan D. Ruff
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
2
Ordinance No. 7492-05
Location Map
1ST. TAMPA
LAKE CHAUTAUQUA~ LLC
Ii!
!
III
~
~
~
O~~;-
o
CITY OF CLEARWATER, FLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
..... IY
D.KING
1st. TAMPA
LAKE CHAUTAUQUA. LLC
VACATION REQUEST
IECT-"""""'"
SOUlH 20' OF VACATED 32-28S-16E
NORlH 1/2 CHAUTAUQUA BLVD 7~5
..... NO.
VAC2005-11
_n
S.D.
DO"
7/18/2005
2JJA
......
lCF2
EXHIBIT "A"
Scale ,11 == 2001
This is not a survey
I I
J FIFTH AVE. N COUNTY
26 25 24 23 22 21 20 19 18 17 16 15 14 11 10 9 8 7 \ ~
I'. ~ ~
.... -.;:: ~ 6 \
en
1 2 3 4 5 6 7 8 9 10 11 12 13 < 1 2 3 4
- - ioU ~U lA 1&.1 Ul 11 1 \
:H 4 ]', 5
FOURTH AVE N
9 \ ~
26 25 24 23 22 21 20 19 18 17 15 14 14 13 12 11 10 24/01 ~
16 .... 8 \~
~ ~ ~ ~ /'. ;::..
\..: (/ ~ \:.: ~ 1'\
< 7 ~
8 9 10 11 12 13 en 1 2 5
1 2 3 4 5 6 7 3 4
SE ~T 0] A 6
THIRD AVE N /
< f--- 9 )
5 25 24 ~3 21 20 19 18 17 16 r1Z 14 14 13 12 11 10 0
26 ./'"' .... 8
:) 22 I'. ':'\ '- - en /'. ::::.. ;u \
~ 1\ ....- ~
\ 6" "7 I~? a: \..: ~
c: 7
~ 2 3 4 5 7 8 9 10 11 12 1 2 3 4 5 ~-~
is 1 i'- .- .- _. -.- i9 --5 ~ 6
"-
SECOND AVE N J
I ,.....- /
... / 24~O2 ~ I
20 19
26 25 ~4 23 22 21 ~ ~ 18 " 16 15 14
=
13
- 24/04
N.
- '--- 24/03
Vocation of E08<<T1W1t
R<<Iu~st<<i By Applicant
C -- "7"'''' -- PC. '888 / (j
~ ~...zz7./Zll
--
a. ~\e.t C1\Oll ~ f
CITY OF CLEARWATER, FLORIDA
&,te $~ PUBLIC WORKS ADMINISTRATION
~&,c \1ll\'t \.
:\1Q.\1~
C~\)'t~
ENGINEERING
DRAM IV
D.KING
CHrOCIIl IV
S.D.
....
7/18/2005
2J3A
..... ...
VAC2005-11
1st. TAMPA
LAKE CHAUTAUQUA, LLC
VACATION REQUEST
IECT-TWIP-fWrfQ
SOUTH 20' OF VACATED 32-28S-16E
NORTH 1/2 CHAUTAUQUA BLVD 7~
HET
2DF2
8-d
~~
u~ _....Agel!!i!,~ CO~,~r_.M.~~!a~~~t~m"....u.__,".
City Council
Tracking Number: 1,497
Actual Date: 08/15/2005
Subject / Recommendation:
Approve the applicant's request to vacate the 60-foot right-of-way of Rollen Road located
between the westerly extension of the north and south property lines of Lot 1, Block "E",
Pinebrook Highlands, (a.k.a. 1341 Overlea Street), and pass Ordinance 7491-05 on first reading,
(VAC2005-10 Thompson),
Summary:
Applicant is seeking vacation of this right-of-way to reduce the setbacks otherwise required for
future construction of a proposed garage.
The subject right-of-way portion is unimproved.
Knology, Verizon, Brighthouse Cable and Progress Energy have no objections to the vacation
request.
One city utility is in the subject right-of-way, a stormwater outfall pipe which drains into
Stevenson's Creek.
No future need for this street portion is anticipated.
Public Works Administration has no objection to the vacation request provided that a drainage
and utility easement is retained over the full width of the street portion to be vacated.
Originating: Engineering
Section Administrative public hearings
Category: Vacation of Easements and Rights of Way
Number of Hard Copies attached: 3
Public Hearina: Yes
Advertised Dates: 07/31/2005
08/07/2005
Financial Information:
Review ADDroval
Glen Bahnick
07-25-2005
15:51 :22
Cvndie Goudeau
08-05-2005
14:28:48
Michael Ouillen
07-26-2005
10:21:00
Garrv Brumback
08-04-2005
13:56: 16
Bryan Ruff
07-27-2005
14: 14:27
L
.~.~
u~
Bill Horne
City Council
~WW=M_.~g~~n~!..~.QY~!:J1~mQ!:.~.!:!.~~..m
08-04-2005 16:47: 13
l
ORDINANCE NO. 7491-05
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING, THAT PORTION OF ROLLEN ROAD
RIGHT-OF-WAY THAT LIES BETWEEN LOT 1, BLOCK E,
PINE RIDGE AND LOT 1, BLOCK E, PINEBROOK
HIGHLANDS SUBJECT TO A DRAINAGE AND UTILITY
EASEMENT WHICH IS RETAINED OVER THE FULL
WIDTH THEREOF; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Matthew W. Thompson, owner of real property located in the City of
Clearwater, has requested that the City vacate the right-of-way depicted in Exhibit A
attached hereto; and
WHEREAS, the City Council finds that said right-of-way is not necessary for
municipal use and it is deemed to be in the best interest of the City and the general public
that the same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORI DA:
Section 1. The following:
Portion of Rollen Road right-of-way that lies between Lot 1, Block E, Pine Ridge,
as recorded in Plat Book 28, Page 98, Official Records of Pinellas County, Florida,
and Lot 1, Block E, Pinebrook Highlands, as recorded in Plat Book 30, Page 63,
Official Records of Pinellas County, Florida
is hereby vacated, closed and released, and the City of Clearwater releases all of
its right, title and interest thereto [, except that the City of Clearwater hereby retains
a drainage and utility easement over the described property for the installation and
maintenance of any and all public utilities thereon).
Section 2. The City Clerk shall record this ordinance in the public records of
Pinellas County, Florida, following adoption.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
Ordinance No. 7491-05
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Bryan D. Ruff
Assistant City Attorney
~
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
2
Ordinance No. 7491-05
....
Location Map: Thompson
w
:;c
~
w
:;c
w
:;c
~
W
lO
ROSEMONT
TERRACE RD
I
ST
I FAIRMONT ST
ST wi I~
Ii :;c PARKWOOD <{
ST I
I~ II WOODBINE
I~
ST SPRINGDALE ~
I <{ 15
lOl
ST
l
w PINEBROOK
~ I
LASAlLE ADMIRAL WOODSON LA
BLUFF ST zD I~I
~~ D- ....
~
0 HIBISCUS
~ I i :t: Z N
g; CEDAR ST ~I [
~D I S
it
PALMETTO ST
ST 0 I
NICHOLSON I~ WALNUT
I 0 I
I I
ELDRIDGE ST
ST
iDiD~D~D~O
~D D~~~D~
GROVE ST
w
~
0::
o
~
GROVE
City of Clearwater
Public Works Administration I Engineering
inebrook Highlands Sub. to the westerly extension of the south property line of said Lot 1.
Ordinance 7491-05
Drawn By:
S.K.
269B
Reviewed By: S.D. Scale: N.T.S.
S - T - R 10-29s-15e Dale: 07/18/05
DWG. NO V AC 2005-10 Grid #
.
Exhibit A Map: Thompson
-=r -
Ii! WOODBINE ST Ii!
-
9 7 3 2 1 1 2 3 6 7 8 -
6 A 5
C ~
10 12 13 V 15 16 17 18 16 15 14 12 11 10 9 -
CI
a:: Ii! ~ -
Ii! ~ SPRINGDALE ST
:x:
~"'J CI) -
(!)
9 8 7 (;; ')5 1 2 3 /'--. 5 6 ~ 8 ~
~ -
D ~"
~~2 - "--/ ,.-S
10 11 13 14 16 16 13 f -
15 17 18 15 14 12 10 9
.~
lee j ,,~
-, -
Ii!_~:q ~l' OVERLEA ST OV n,'W Ii! Ii!
~
" 0 -
5 ( G) -. ~. ~ .4'/
9 8 7 6 3 ~ ROW ~..~ 5
2 1 ~ 1 2 6 7 8
33
~ -
30
'" 22 23
15 " ~ Vacation Requested
1~
"- By Applicant
---....... ~
t -
~b~rlJ'\ PINEBROOK DR Ii! 4
16 -
~ '\# r-"\ -
~
15 ~ 11 - Ii!
12 13 15 16 17 r--
18
14 \ 11 G 10
4
- I--
C:) \ 8 7 6 5 4 3 2 1
9 1
10 /
12 -
- '--
11 9 Ii! ADMIRAL WOODSON LN Ii! il
-
10 8
~\ 9 10
LL N City of Clearwater
~ . rwater w~. Public Works Administration I Engineering
u~ I Vacate Rollen Road from the westerly extension of the north property line of lot 1, Blk. "E",
inebrook Highlands Sub. to the westerly extension of the south property line of said Lot 1.
Ordinance 7491-05 Drawn By:
DWG. NO VAC 2005-10 Grid #
S.K.
269B
Reviewed By: S.D. Scale:" = 200 ft
S . T . R 10-29s-15e Date: 07/18/05
q, I
~"'fIn7ater
u~ A.1Jenda Cover Memorandum
-"""" ---_.,,,,=,,,,,,,,,,,,,,,,,,-,,-,,-
City Council
Tracking Number: 1,500
Actual Date: 08/15/2005
Subject / Recommendation:
Approve the Annexation, Land Use Plan Amendment from County Residential Suburban (RS) and
Preservation (P) to City Residential Suburban (RS) and Preservation (P) and Zoning Atlas
Amendment from the County RR, Rural Residential District, to the City Low Density Residential
(LDR) and Preservation (P) Districts for 2695 2nd Avenue S. (Portions of Chautauqua Lake
Estates in Section 32, Township 28 South, Range 16 East); and Pass Ordinances 7486-05,
7487-05 & 7488-05 on first reading.
(ANX2005-004015)
Summary:
The subject property is located on the east side of Chautauqua Avenue, between 2nd Avenue S.
and 3rd Avenue S. The applicant is requesting this annexation in order to receive sanitary
sewer, water and solid waste service from the City. The property is contiguous to existing City
boundaries to the north and west; therefore, the proposed annexation is consistent with Pinellas
County requirements with regard to voluntary annexation. The subject site is approximately
4.86-acres in area and is currently developed with a single-family dwelling. It is proposed that
the property have a Future Land Use Plan designation of Residential Suburban (RS) and
Preservation (P) and zoning categories of Low Density Residential (LMDR) and Preservation (P).
The Planning Department determined that the proposed annexation is consistent with the
following standards specified in the Community Development Code:
The proposed annexation will not have anadverse impact on public facilities and their level
of service.
The proposed annexation is consistent withthe City's Comprehensive Plan, the Countywide
Plan and the Community Development Code.
The proposed annexation is contiguou&o existing City boundaries.
This annexation has been reviewed by the Pinellas Planning Council (PPC) staff according to the
provisions of Pinellas County Ordinance No. 00-63, Section 7(1-3), and no objections have been
raised.
Please refer to the attached annexation (ANX2005-04015) report for the complete staff analysis.
The Community Development Board reviewed this application at its public hearing on July 19,
2005 and unanimously recommended approval of the application
Originating: Planning
Section Quasi-judicial public hearings
Category: Annexations, Land Use Plan and Zoning
Number of Hard Copies attached: 0
Public Hearing: Yes
Advertised Dates: 07/19/2005
08/15/2005
i---
~.~
u~
City Council
._<<~Bend~",,~o~~.!,11emora n~,~'!!!'.rnrn_"""<<_.m"""'_,__,__""""'="'=_
Financial Information:
Review Approval
Gina Clavton 07-28-2005 11: 11:48
Leslie Douaall-Sides 08-03-2005 14: 18:57
Bill Horne 08-04-2005 13:59:45
Gina Clavton 07-28-2005 11: 12:44
Cvndie Goudeau 08-05-2005 14:32:59
Michael Delk 07-28-2005 11:59:02
Garry Brumback 08-04-2005 09:22:55
ORDINANCE NO. 7486-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
EAST SIDE OF CHAUTAUQUA AVENUE, BETWEEN SECOND
AVENUE SOUTH AND THIRD AVENUE SOUTH, CONSISTING
OF A PORTION OF BLOCK 37, UNIT NO.1, SECTION A,
CHAUTAUQUA ON THE LAKE AND TWO UNPLATTED
PARCELS WITHIN SECTION 32, TOWNSHIP 28 SOUTH,
RANGE 16 EAST, TOGETHER WITH THE ABUTTING RIGHTS-
OF-WAY OF SECOND AVENUE SOUTH AND THIRD AVENUE
SOUTH, WHOSE POST OFFICE ADDRESS IS 2695 SECOND
AVENUE SOUTH, INTO THE CORPORATE LIMITS OF THE
CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY
TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
See legal description attached hereto.
(ANX2005-04015)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication
of all easements, parks, rights-of-way and other dedications to the public, which have heretofore
been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk
and the Planning Director are directed to include and show the property described herein upon the
official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
Ordinance No. 7486-05
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
2
Ordinance No. 7486-05
ORDINANCE NO. 7487-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE
EAST SIDE OF CHAUTAUQUA AVENUE, BETWEEN SECOND
AVENUE SOUTH AND THIRD AVENUE SOUTH, CONSISTING
OF A PORTION OF BLOCK 37, UNIT NO.1, SECTION A,
CHAUTAUQUA ON THE LAKE AND TWO UNPLATTED
PARCELS WITHIN SECTION 32, TOWNSHIP 28 SOUTH,
RANGE 16 EAST, TOGETHER WITH THE ABUTTING RIGHTS-
OF-WAY OF SECOND AVENUE SOUTH AND THIRD AVENUE
SOUTH, WHOSE POST OFFICE ADDRESS IS 2695 SECOND
AVENUE SOUTH, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS RESIDENTIAL SINGLE AND
PRESERVATION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Property
Land Use CateQorv
See legal description attached hereto
(ANX2005-04015)
Residential Single and
Preservation
Section 2. The City Council does hereby certify that this ordinance is consistent with
the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 7486-05.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7487-05
ORDINANCE NO. 7488-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF
CHAUTAUQUA AVENUE, BETWEEN SECOND AVENUE SOUTH
AND THIRD AVENUE SOUTH, CONSISTING OF A PORTION OF
BLOCK 37, UNIT NO.1, SECTION A. CHAUTAUQUA ON THE
LAKE AND TWO UNPLATTED PARCELS WITHIN SECTION 32,
TOWNSHIP 28 SOUTH, RANGE 16 EAST, TOGETHER WITH
THE ABUTTING RIGHTS-OF-WAY OF SECOND AVENUE
SOUTH AND THIRD AVENUE SOUTH, WHOSE POST OFFICE
ADDRESS IS 2695 SECOND AVENUE SOUTH, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW
DENSITY RESIDENTIAL (LDR) AND PRESERVATION (P);
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive
plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is hereby
zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is
amended, as follows:
Property
Legal description attached hereto
(ANX2005-04014 )
Zoninq District
Low Density Residential (LDR)
Preservation (P)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 7486-05.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7488-05
CDB Meeting Date:
Case Number:
Owner/Applicant:
Location:
Agenda Item:
Julv 19. 2005
ANX2005-04015
Rottlund Homes / Robert Pergolizzi
2695 2nd Avenue S.
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION
REQUEST:
(a) Annexation of 4.86-acres of property and 0.64 acres of
abutting 2nd Avenue S. and 3rd Avenue S. rights-of-way
to the City of Clearwater;
(b) Future Land Use Plan amendment from Residential
Suburban (RS) and Preservation (P) Categories
(County) to Residential Suburban (RS) and
Preservation (P) Categories (City of Clearwater); and
(c) Rezoning from RR, Rural Residential District (County)
to Low Density Residential (LDR) District and
Preservation (P) (City of Clearwater).
SITE INFORMATION:
PROPERTY SIZE:
211,702 square feet or 4.86 acres
(200 feet wide by 900 feet deep)
PROPERTY USE:
Current Use:
Proposed Use:
Single-family dwelling and vacant
Single-family dwellings
PLAN CATEGORY:
Current Category:
Proposed Category:
Residential Suburban (RS) and Preservation (P) (County)
Residential Suburban (RS) and Preservation (P) (City)
ZONING DISTRICT:
Current District:
Proposed Districts:
RR, Rural Residential (County)
Low Density Residential (LDR) and Preservation (P) (City)
Staff Report - Community Development Board - July 19, 2005 - Case ANX2005-04015 Page I
SURROUNDING USES:
North: Single-family residential (under construction)
South: Vacant
East: Lake Chautauqua
West: Dimmit Car Dealership
ANALYSIS:
This annexation involves a 4.86-acre property consisting of four parcels located on the east side
of Chautauqua Avenue, between 2nd Avenue S. and 3rd Avenue S. The property is contiguous
to existing City boundaries to the north and west; therefore, the proposed annexation is consistent
with Pinellas County requirements with regard to voluntary annexation. It is proposed that the
abutting 2nd Avenue S. and 3rd Avenue S. rights-of-way not currently within the City limits also
be annexed.
The applicant is requesting this annexation in order to receive water, sanitary sewer and solid
waste service from the City. It is proposed that the property be assigned Future Land Use Plan
designations of Residential Suburban (RS) and Preservation (P), and a zoning category of Low
Density Residential (LDR).
I. IMP ACT ON CITY SERVICES:
Recommended Findings of Fact
Water and Sewer
The applicant receives water service from the City of Clearwater on the one developed parcel.
The remaining vacant parcels will be provided with water service from the City of Clearwater
when developed. Sanitary sewer service will be provided by the City of Clearwater and the City
has adequate capacity to serve this property. The closest sanitary sewer line is located in the
adjacent Chautauqua Avenue right-of-way. The applicant will pay the City's water and sewer
impact fees and assessment fees when the site is developed, and is aware of the additional costs
to extend City water and sewer service to this property.
Solid Waste
Collection of solid waste will be provided by the City of Clearwater. The City has an interlocal
agreement with Pinellas County to provide for the disposal of solid waste at the County's
Resource Recovery Plant and capacity is available to serve the property.
Police
The property is located within Police District ill and service will be administered through the
district headquarters located at 2851 N. McMullen Booth Road. There are currently 56 patrol
officers and seven patrol sergeants assigned to this district. Community policing service will be
provided through the City's zone system and officers in the field. The Police Department has
stated that it will be able to serve this property.
Staff Report - Community Development Board - July 19, 2005 - Case ANX2005-040 15
Page 2\
Fire and Emergency Medical Services
Fire and emergency medical services will be provided to this property by Station #50 located at
2681 Countryside Boulevard. The Fire Department will be able to serve this property. The
proposed annexation will not adversely affect fire and EMS service and response time.
Recommended Conclusions Of Law
The City has adequate capacity to serve this property with water, sanitary sewer, solid waste,
police, fire and EMS service. The proposed annexation will not have an adverse effect on public
facilities and their levels of service.
II. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN: [Section 4-604.F.2]
Recommended Findings of Fact
The Pinellas County Comprehensive Plan and the Countywide Future Land Use Plan map
designate the site as Residential Suburban (RS) and Preservation (P). It is the purpose of the RS
category to depict those areas of the County that are now developed, or appropriate to be
developed, in a suburban, low density residential manner; and to recognize such areas as
primarily well-suited for residential uses that are consistent with the suburban, non-intensive
qualities and natural resource characteristics of such areas. Residential is the primary use in this
plan category up to a maximum of five (2.5) dwelling units per acre. Secondary uses include
Residential Equivalent; Institutional; Transportation/Utility; Public Educational Facility;
Ancillary Non-Residential and Recreation/Open Space.
It is the purpose of the P category to depict those areas of the County that are now characterized,
or appropriate to be characterized, as a natural resource feature worthy of preservation; and to
recognize the significance of preserving such major environmental features and their ecological
functions. Primary uses in this category include Open and undeveloped consistent with natural
resource features and considerations as designated on applicable local government
comprehensive plans; and such additional areas determined to have environmental significance
and recognized in the applicable local government comprehensive plan. Secondary uses include
Use characteristics provided for and located in adjoining FLUP categories, which are accessory
to or are the incidental extension of the permitted adjoining use.
The proposed annexation is consistent with and promotes the following objective of the City of
Clearwater Comprehensive Plan:
2.4 Objective - Compact urban development within the urban service area shall be promoted
through application of the Clearwater Community Development Code.
Staff Report - Community Development Board - July 19, 2005 - Case ANX2005-04015
Page 3\
1-
Recommended Conclusions of Law
The property proposed for annexation is located within the City's urban service area. The
proposed annexation is consistent with the City's Comprehensive Plan.
III. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT
CODE AND CITY REGULATIONS: [Sections 2-1001.1. & 4-604.F.5.]
Recommended Findings of Fact
The site is currently zoned RR, Rural Residential District in Pinellas County. The applicant
proposes to rezone the property to the Low Density Residential District (LDR) and Preservation
(P). Under the current LDR zoning district provisions, a minimum lot width of 100 feet and a
minimum lot area of 20,000 square feet are required. The subject site is 200 feet wide and
211,702 square feet in lot area. The wetland area on the eastern portion of the site will be
designated Preservation (P).
Recommended Conclusions of Law
The subject property exceeds the City's mInImum LDR dimensional requirements and IS
therefore consistent with the Community Development Code.
IV. CONSISTENCY WITH THE COUNTYWIDE PLAN:
Recommended Findings of Fact
There is no change requested in the Countywide Future Land Use Plan designation for the site,
which will remain Residential Suburban (RS) and Preservation (P) with a maximum density of
2.5 dwelling units per acre.
Recommended Conclusions of Law
No change is proposed for the Future Land Use Plan designation of the property proposed for
annexation and the use and density of the property is consistent with the current designation.
Staff Report - Community Development Board - July 19, 2005 - Case ANX2005-040 15
Page 4\
V. CONSISTENCY WITH PINELLAS COUNTY:
Recommended Findings of Fact
Pursuant to Pinellas County Ordinance No. 00-63, the Pinellas Planning Council staffhas
reviewed this annexation and determined it complies with all applicable ordinance criteria.
Pinellas County Ordinance No. 00-63(1)(a) requires that a proposed annexation be both
contiguous to the existing municipal boundaries and compact. This site is contiguous with the
existing City boundaries to the north and west and represents a logical and appropriate extension
of the existing boundaries. The compactness standard requires that the annexation not create an
enclave or a serpentine pattern of municipal boundaries.
Recommended Conclusions of Law
The property proposed for annexation is contiguous to city boundaries and is compact in its
concentration; therefore the annexation of this property is consistent with Pinellas County
Ordinance No. 00-63.
VI. CODE ENFORCEMENT ANALYSIS:
There are no current code enforcement violations or any code enforcement history on this site.
SUMMARY AND RECOMMENDATIONS:
The proposed annexation can be served by City of Clearwater services, including water, sanitary
sewer, solid waste, police, fire and emergency medical services without any adverse effect on the
service level. One of the parcels already receives water service from the City of Clearwater. The
proposed annexation is consistent with both the City's Comprehensive Plan and is consistent
with Pinellas County Ordinance No. 00-63 regarding voluntary annexation.
Based on the above analysis, the Planning Department recommends the following actions on the
request:
(a) Recommend APPROVAL of the annexation of 4. 86-acres and 0.64 acres if abutting 2nd
Avenue S. and 3rd Avenue S. right-of-way to the City of Clearwater;
(b) Recommend APPROVAL of the Residential Suburban (RS) and Preservation (P) Future
Land Use Plan classifications; and
(c) Recommend APPROVAL of the Low Density Residential (LDR) and Preservation (P)
zoning classifications pursuant to the City's Community Development Code.
Staff Report - Community Development Board - July 19,2005 - Case ANX2005-04015
Page 5\
Prepared by Planning Department Staff:
Michael Schoderbock, Consulting Planner
Attachments:
Application
Location Map
Aerial Photograph
Proposed Annexation
Future Land Use Map
Zoning Map
Surrounding Uses Map
Site Photographs
S:\Planning Department\C D BlAnnexationslANX - 2005IANX2005-04015 2695 2nd Ave S Rottlund
Homes1ANX2005-04015 staff report. doc
Staff Report - Community Development Board - July 19,2005 - Case ANX2005-04015
Page 6\
Aerial Photograph
Owner Rottlund Homes
Case:
ANX2005-040 15
Site: 2695 2nd Avenue S.
Property Size (Acres):
R-o-W Size (Acres!:
4.86
0.64
PIN:
32-28-16-00000-310-0400
32-28-16-14922-037-0010
32-28-16-14922-037-0080
32-28-16-00000-310-0500
244A
Land Use
Zoning
From:
RS & P (County)
RR (County)
To:
RS & P (City)
LDR & P (City)
Atlas Page:
Location Map
Owner Rottlund Homes Case: ANX2005-04015
Site: 2695 2nd Avenue S. Property Size (Acres): 4.86
R-Q-W Size (Acres): 0.64
Land Use Zoning 32-28-16-00000-310-0400
PIN: 32-28-16-14922-037-0010
From: RS & P (County) RR (County) 32-28-16-14922-037-0080
32-28-16-00000-310-0500
To: RS & P (City) LDR & P (City) Atlas Page: 244A
r 1
1 I
r---,.... I
I
I
I
I
I
I
I
I
,
1
I
I
J
L
J
,
1
1
1
J
~__...J
I
I
I
I
I
I
1---1
I
I
I
I
I
I
I
1
1
1
I
1 r-I
!..._( L__
~
'c:t
~
I-I 0
I \ 25191 r-----I ;:;)
I I I I ~
I I : I;:;)
I I I I ~
1__2 I i:t
l_____J 0
r--I
------- 11
'\__r--i..._...
'"
~
'"
Proposed Annexation Map
Owner Rottlund Homes Case: ANX2005-040 15
Site: 2695 2nd Avenue S. Property Size (Acres): 4.86
R-Q-W Size {Acres}: 0.64
Land Use Zoning 32-28-16-00000-310-0400
PIN: 32-28-16-14922-037-0010
From: RS & P (County) RR (County) 32-28-16-14922-037-0080
32-28-16-00000-310-0500
To: RS & P (City) LDR & P (City) Atlas Page: 244A
r -,
, ,
r----,..... I
I I
I ,
I I
I ,
I I
, I
I I
I I
I ,
I ,
I ,
I I
I I
~__.J J
, ~
, '
, 1
, 1
1 '
1 J
,
---I
I
I
I
I
I
I
I
I
I
I
I
1 r-I
L_( L__
CL ~
.q:
~
I-I ()
, \ 25191 '-----1 :;)
1 I I : ~
I I I : :;)
1 1 , 1 oq:
'-_.:l I I :t:
l_____J 0
r--I
------- '1
2285
~ "
<0
2279 ~
0> C') .....
~ <0 <0
~ 1'l
RS
[~J
RIDS
'"
Ie
'"
Future Land Use Map
Owner Rottlund Homes
Case:
ANX2005-040 15
Site: 2695 2nd Avenue S.
Property Size (Acres):
R-0-W Size (Acres):
4.86
0.64
From:
To:
Land Use
Zoning
32-28-16-00000-310-0400
32-28- 16- 14922-037-0010
32-28-16-14922-037-0080
32-28-16-00000-310-0500
244A
PIN:
RS & P (County)
RS & P (City)
RR (County)
LDR & P (City)
Atlas Page:
~__...J
I
I
I
I
I
I
'---.,
I
I
I
I
I
I
I
I
I
I
I
I
1 r-I
L_( L__
r- I
I I
,.-----.... I
I
I
I
I
I
I
I
I
,
I
I
I
J
L
J
'1
I
I
I
J
2285
~
~
~ '"
~ ~
c
i-I
I \ 25191 r----l
I I I I
I I I
I I I
I I I
I I I I
I__.:l : :
I I
L_____J
r--I
------- 11
LMDR
r--I
L-,_-,
OS/R
U)
l!:
'"
Zoning Map
Owner Rottlund Homes
Case:
ANX2005-040 15
Site: 2695 2nd Avenue S.
Property Size (Acres):
R-Q-W Size (Acres):
4.86
0.64
PIN:
32-28-16-00000-310-0400
32-28-16-14922-037-0010
32-28-16-14922-037-0080
32-28-16-00000-310-0500
Land Use
Zoning
From:
RS & P (County)
RR (County)
To:
RS & P (City)
LDR & P (City)
Atlas Page:
244A
r -I
I I
r---'-- I
I
I
I
I
I
I
I
I
,
I
I
I
J
L
J
'j
I
I
I
J
~__-l
I
I
I
I
I
I
1
---,
I
I
I
I
I
I
I
1
I
I
1
I
1 r-I
L_t L__
~
.q:
~
I-I 0'
1 \ 25191 '-----1 ;:)
Iii : ~
i i i i;:)
I I I I "i(
I__.:l J i:t:
L____J to>
r--I
_______ I,
"\__.r--~__
n----l
2285
13 ...
2279 ~ ~
~ '"
~
Vacant
Lot
Car Dealer
Parking Lot
[-=-l
'"
~
'"
Existing Surrounding Use Map
Owner Rottlund Homes Case: ANX2005-04015
Site: 2695 2nd Avenue S. Properly Size (Acres): 4.86
R-Q-W Size (Acresl: 0.64
Land Use Zoning 32-28-16-00000-310-0400
PIN: 32-28-16-14922-037-0010
From: RS & P (County) RR (County) 32-28-16-14922-037-0080
32-28-16-00000-310-0500
To: RS & P (City) LDR & P (City) Atlas Page: 244A
1: View looking south along Chautauqua Avenue.
fI
"
3: View looking northeast at site from Chautauqua Avenue.
5: View looking north at site from yd Avenue S.
2: View looking east at site from Chautauqua Avenue.
4: View looking northwest from yd Avenue S.
ROTTLUND HOMES PROPERTY. ANX2005-04015
2695 2nd Avenue S.
q,(l
~~
II~ _.~,~~a C~!~!, Memora~dum
City Council
Tracking Number: 1,501
Actual Date: 08/15/2005
Subject I Recommendation:
Approve the Annexation, Land Use Plan Amendment from County Residential Low (RL) to City
Residential Low (RL) and Zoning Atlas Amendment from the County R-3, Single-Family
Residential District, to the City Low Medium Density Residential (LMDR) District for 1555 Bonair
Street (Lots 1, 2, 3, 4, and the east one-half of Lot 5, Block A, Bonair Hills Subdivision in Section
11, Township 29 South, Range 15 East); and pass Ordinances 7483-05, 7484-05 & 7485-05 on
first reading.
(ANX2005-04014)
Summarv:
The subject property is located on the west side of Wood Drive, between Bonair Street and
Palmetto Street. The applicant is requesting this annexation in order to receive sanitary sewer,
water, and solid waste service from the City. The property is located within an unincorporated
enclave and is contiguous to existing City boundaries on the west, north, and south; therefore,
the proposed annexation is consistent with Pinellas County requirements with regard to
voluntary annexation. The subject site is approximately 0.85-acres in area and is currently
vacant. It is proposed that the property have a Future Land Use Plan designation of Residential
Low (RL) and a zoning category of Low Medium Density Residential (LMDR).
The Planning Department determined that the proposed annexation is consistent with the
following standards specified in the Community Development Code:
The proposed annexation will not have anadverse impact on public facilities and their level
of service.
The proposed annexation is consistent withthe City's Comprehensive Plan, the Countywide
Plan and the Community Development Code.
The proposed annexation is located within anenclave and its annexation will reduce such
enclave.
This annexation has been reviewed by the Pinellas Planning Council (PPC) staff according to the
provisions of Pinellas County Ordinance No. 00-63, Section 7(1-3), and no objections have been
raised.
Please refer to the attached annexation (ANX2005-04014) report for the complete staff analysis.
The Community Development Board reviewed this application at its public hearing on July 19,
2005 and unanimously recommended approval of the application.
Originating: Planning
Section Quasi-judicial public hearings
Category: Annexations, Land Use Plan and Zoning
Number of Hard Copies attached: 0
Public Hearing: Yes
Advertised Dates: 07/18/2005
08/15/2005
Financial Information:
~~
City Council
Ag~nda CO~!i!-:,"~.~moran~um
Review Approval
Gina Clayton 07-28-2005 11:11:16
Leslie Douaall-Sides 08-03-2005 14:22:47
Bill Horne 08-04-2005 13:59:06
Gina Clavton 07-28-2005 11:13:15
Cvndie Goudeau 08-05-2005 14:33:41
Michael Delk 07-28-2005 11 :58:01
Garry Brumback 08-04-2005 09:21:50
ORDINANCE NO. 7483-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
WEST SIDE OF WOOD AVENUE, BETWEEN BONAIR STREET
AND PALMETTO STREET, CONSISTING OF LOTS 1, 2, AND 3,
BLOCK "A", BONAIR HILLS SUBDIVISION, TOGETHER WITH
THE ABUTTING RIGHT-OF-WAY OF PALMETTO STREET AND
WOOD DRIVE, AND LOT 4 AND THE EAST ONE-HALF OF LOT
5, BLOCK "A", BONAIR HILL SUBDIVISION, WHOSE POST
OFFICE ADDRESS IS 1555 BONAIR STREET, INTO THE
CORPORATE LIMITS OF THE CITY, AND REDEFINING THE
BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
Legal description attached hereto
(ANX2005-04014 )
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication
of all easements, parks, rights-of-way and other dedications to the public, which have heretofore
been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk
and the Planning Director are directed to include and show the property described herein upon the
official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7483-05
Parcel I:
Lots 1, 2, and 3, Block "A" of Bonair Hills Subdivision according to map thereof recorded in Plat
Book 26, Page 108, Public Records of Pinellas County, Florida, together with the abutting right-
of-way of Palmetto Street and Wood Drive.
Parcell!:
Lot 4 and the east one-half of Lot 5, Block "A" of Bonair Hill Subdivision according to map thereof
recorded in Plat Book 24, Page 108, Public Records of Pinellas County, Florida.
Ordinance No. 7483-05
ORDINANCE NO. 7484-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE
WEST SIDE OF WOOD AVENUE, BETWEEN BONAIR STREET
AND PALMETTO STREET, CONSISTING OF LOTS 1, 2, AND 3,
BLOCK "A", BONAIR HILLS SUBDIVISION, TOGETHER WITH
THE ABUTTING RIGHT-OF-WAY OF PALMETTO STREET AND
WOOD DRIVE, AND LOT 4 AND THE EAST ONE-HALF OF LOT
5, BLOCK "A", BONAIR HILL SUBDIVISION, WHOSE POST
OFFICE ADDRESS IS 1555 BONAIR STREET, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS
RESIDENTIAL LOW; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Property
Legal description attached hereto
(ANX2005-040 14)
Land Use Cateaorv
Residential Low
Section 2. The City Council does hereby certify that this ordinance is consistent with
the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 7483-05.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7484-05
Parcell:
Lots 1, 2, and 3, Block "A" of Bonair Hills Subdivision according to
map thereof recorded in Plat Book 26, Page 108, Public Records of
Pinellas County, Florida, together with the abutting right -of-way of
Palmetto Street and Wood Drive.
Parcell!:
Lot 4 and the east one-half of Lot 5, Block "A" of Bonair Hill
Subdivision according to map thereof recorded in Plat Book 24,
Page 108, Public Records of Pinellas County, Florida.
Ordinance No. 7484-05
ORDINANCE NO. 7485-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF
WOOD AVENUE, BETWEEN BONAIR STREET AND PALMETTO
STREET, CONSISTING OF LOTS 1, 2, AND 3, BLOCK "A",
BONAIR HILLS SUBDIVISION , TOGETHER WITH THE
ABUTTING RIGHT-OF-WAY OF PALMETTO STREET AND
WOOD DRIVE, AND LOT 4 AND THE EAST ONE-HALF OF LOT
5, BLOCK "A", BONAIR HILL SUBDIVISION, WHOSE POST
OFFICE ADDRESS IS 1555 BONAIR STREET, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW
MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive
plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is hereby
zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is
amended, as follows:
Property
Legal description attached hereto
(ANX2005-04014)
Zoninq District
Low Medium Density Residential
(LMDR)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 7483-05.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7485-05
Parcell:
Lots 1, 2, and 3, Block "A" of Bonair Hills Subdivision according to map thereof recorded in Plat
Book 26, Page 108, Public Records of Pinellas County, Florida, together with the abutting right-
of-way of Palmetto Street and Wood Drive.
Parcell!:
Lot 4 and the east one-half of Lot 5, Block "A" of Bonair Hill Subdivision according to map thereof
recorded in Plat Book 24, Page 108, Public Records of Pinellas County, Florida.
Ordinance No. 7485-05
CDB Meeting Date:
Case Number:
Owner/Applicant:
Location:
Agenda Item:
July 19. 2005
ANX2005-04014
Geraldine Turner
1555 Bonair Street
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION
REQUEST:
(a) Annexation of 0.85-acres of property and 0.35 acres of
abutting Wood Drive and Palmetto Street right-of-way
to the City of Clearwater:
(b) Future Land Use Plan amendment from Residential
Low (RL) Category (County) to Residential Low (RL)
Category (City of Clearwater); and
(c) Rezoning from R-3, Single-Family Residential District
(County) to Low Medium Density Residential (LMDR)
District (City of Clearwater).
SITE INFORMATION:
PROPERTY SIZE:
37,080 square feet or 0.85 acres
(Lot 1: 103 feet wide by 240 feet deep and
Lot 2: 103 feet wide by 120 feet deep)
PROPERTY USE:
Current Use:
Proposed Use:
Vacant
Not determined
PLAN CATEGORY:
Current Category:
Proposed Category:
Residential Low (RL) (County)
Residential Low (RL) (City)
ZONING DISTRICT:
Current District:
Proposed District:
R-3, Single-Family Residential District (County)
Low Medium Density Residential (LMDR) (City)
Staff Report - Community Development Board - July 19, 2005 - Case ANX2005-04014 Page 1
SURROUNDING USES:
North: Single-family residential
South: Single-family residential
East: Single-family residential
West: Single- family residential
ANALYSIS:
This annexation involves a 0.85-acre property consisting of two parcels located on the west side
of Wood Drive, between Bonair Street and Palmetto Street. The property is located within an
unincorporated enclave and is contiguous to existing City boundaries to the west, north, and
south; therefore, the proposed annexation is consistent with Pinellas County requirements with
regard to voluntary annexation. It is proposed that the abutting 0.35-acres of Palmetto Street and
Wood Drive rights-of-way not currently within the City limits also be annexed.
The applicant is requesting this annexation in order to receive water, sanitary sewer and solid
waste service from the City. It is proposed that the property be assigned a Future Land Use Plan
designation of Residential Low (RL) and a zoning category of Low Medium Density Residential
(LMDR).
I. IMPACT ON CITY SERVICES:
Recommended Findings of Fact
Water and Sewer
Water service will be provided by the City of Clearwater and the City has adequate capacity to
serve this property. The closest water line is located in the adjacent Palmetto Street right-of-way.
Sanitary sewer service will be provided by the City of Clearwater and the City has adequate
capacity to serve this property. The closest sanitary sewer line is located in an easement to the
west of the property. The applicant is aware of the need to pay the City's water and sewer impact
fees and assessment fees and is aware of the additional costs to extend City water and sewer
service to this property when development occurs.
Solid Waste
Collection of solid waste will be provided by the City of Clearwater. The City has an interlocal
agreement with Pinellas County to provide for the disposal of solid waste at the County's
Resource Recovery Plant and capacity is available to serve the property.
Police
The property is located within Police District ill and service will be administered through the
district headquarters located at 2851 North McMullen Booth Road. There are currently 56 patrol
officers and seven patrol sergeants assigned to this district. Community policing service will be
provided through the City's zone system and officers in the field. The Police Department has
stated that it will be able to serve this property and the proposed annexation will not adversely
affect police service and response time.
Staff Report - Community Development Board - July 19, 2005 - Case ANX2005-040l4 Page 2
Fire and Emergencv Medical Services
Fire and emergency medical services will be provided to this property by Station #51 located at
1720 Overbrook Avenue. The Fire Department will be able to serve this property. The proposed
annexation will not adversely affect fire and EMS service and response time.
Recommended Conclusions of Law
The City has adequate capacity to serve this property with water, sanitary sewer, solid waste,
police, fire and EMS service. The proposed annexation will not have an adverse effect on public
facilities and their levels of service.
II. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN: [Section 4-604.F.2]
Recommended Findings of Fact
The Pinellas County Comprehensive Plan and the Countywide Future Land Use Plan map
designate the site as Residential Low (RL). It is the purpose of the RL category to depict those
areas of the County that are now developed, or appropriate to be developed, in a low density
residential manner; and to recognize such areas as primarily well-suited for residential uses that
are consistent with the low density, non-intensive qualities and natural resource characteristics of
such areas. Residential is the primary use in this plan category up to a maximum of five (5)
dwelling units per acre. Secondary uses include Residential Equivalent; Institutional;
Transportation/Utility; Public Educational Facility; Ancillary Non-Residential and
Recreation/Open Space.
The proposed annexation is consistent with and promotes the following objective of the City of
Clearwater Comprehensive Plan:
2.4 Objective - Compact urban development within the urban service area shall be promoted
through application of the Clearwater Community Development Code.
Recommended Conclusions of Law
The property proposed for annexation is located within an enclave within the City's urban service
area. The proposed annexation is consistent with the City's Comprehensive Plan.
III. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT
CODE AND CITY REGULATIONS: [Sections 2-1001.1. & 4-604.F.5.]
Recommended Findings of Fact
The site is currently zoned R-3, Single Family Residential District in Pinellas County. The
applicant proposes to rezone the property to the Low Medium Density Residential District
Staff Report - Community Development Board - July 19, 2005 - Case ANX2005-040 14 Page 3
(LMDR). Under the current LMDR zoning district provisions, a minimum lot width of 50 feet
and a minimum lot area of 5,000 square feet are required. The subject site is 203 feet wide and
37,080 square feet in lot area.
Recommended Conclusions of Law
The subject property exceeds the City's minimum LMDR dimensional requirements and is
therefore consistent with the Community Development Code.
IV. CONSISTENCY WITH THE COUNTYWIDE PLAN:
Recommended Findings of Fact
There is no change requested in the Countywide Future Land Use Plan designation for the site,
which will remain Residential Low (RL) with a maximum density of 5 dwelling units per acre.
Recommended Conclusions of Law
No change is proposed for the Future Land Use Plan designation of the property proposed for
annexation and the use and intensity of the property is consistent with the current designation.
V. CONSISTENCY WITH PINELLAS COUNTY:
Recommended Findings of Fact
Pursuant to Pinellas County Ordinance No. 00-63, the Pinellas Planning Council staff has
reviewed this annexation and determined that it complies with all applicable ordinance criteria.
Pinellas County Ordinance No. 00-63(1 )(b) provides for the voluntary annexation of property
that is located within and reduces an enclave on the effective date of the ordinance. The subject
site is located within an enclave, is contiguous to city boundaries on the north, west, and south
and reduces the enclave.
Recommended Conclusions of Law
The property proposed for annexation is located within an enclave and its annexation will reduce
such enclave; therefore, the annexation of this property is consistent with Pinellas County
Ordinance No. 00-63.
VI. CODE ENFORCEMENT ANALYSIS:
There are no current code enforcement violations or any code enforcement history on this site.
Staff Report - Community Development Board - July 19, 2005 - Case ANX2005-04014 Page 4
SUMMARY AND RECOMMENDATIONS:
The proposed annexation can be served by City of Clearwater services, including water, sanitary
sewer, solid waste, police, fire and emergency medical services without any adverse effect on the
service level. The proposed annexation is consistent with both the City's Comprehensive Plan
and is consistent with Pinellas County Ordinance No. 00-63 regarding municipal annexation.
Based on the above analysis, the Planning Department recommends the following actions on the
request:
(a) Recommend APPROVAL of the annexation of 0.85-acres of property and 0.35 acres of
abutting Wood Drive and Palmetto Street right-of-way to the City of Clearwater;
(b) Recommend APPROVAL of the Residential Low (RL) Future Land Use Plan
classification; and
( c) Recommend APPROVAL of Low Medium Density Residential (LMDR) zomng
classification pursuant to the City's Community Development Code.
Prepared by Planning Department Staff:
Michael Schoderbock, Consulting Planner
Attachments:
Application
Location Map
Aerial Photograph
Proposed Annexation
Future Land Use Map
Zoning Map
Surrounding Uses Map
Site Photographs
S:\Planning DepartmentlC D BlAnnexationslANX - 20051ANX2005-02005 3001 Lake Vista Drive Steele residence1ANX2005-02005 staff
report. doc
Staff Report - Community Development Board - July 19, 2005 - Case ANX2005-040 14
Page 5
~
PRINCE PHIUP Sf
BENTlEY Sf
HEAVEN
SANDY LA SENT LA ~
c=J~~
MARY L RO
c=J c=J
TERRACE RD
ENGMAN Sf
~~~D
g LASoE
~ CEDAR
~D
~
ST
I~
I
ST
~
~
0( ~ ~
Location Map
Owner Geraldine Turner Case: ANX2005-040 14
Property Size (Acres): 0.85
Site: 1555 Bonair Street R-O-W Size (Acres): 0.35
Land Use Zoning 11-29-15-10080-001-0040
PIN: 11-29- 15-10080-001-00 10
From: RL (County) R-3 (County)
To: RL (City) LMDR (City) Atlas Page: 270A
Aerial Photograph
Owner Geraldine Turner Case: A NX2005-040 14
Property Size (Acres): 0.85
Site: 1555 Bonair Street R-O-W Size (Acres): 0.35
Land Use Zoning
PIN: 11-29-15-10080-00 1-0040
From: RL (County) R-3 (County) 11-29-15-10080-001-0010
To: RL (City) LMDR (City) Atlas Page: 270A
r !'" '~-1 r'- ~ ~I-~ ~J-l ~---l }---I B---~ r- ~ 1--' ~ rl
~ I ~ I I -~ ~I 'I I~ I ~ I I I n I r--I f--- J r':.- I
I I L___J L__I ____I L-....,J ----' ~I I l J I I I I
!...__I 1__...1 --- --L...! L___J
l'--1-1 _-'-I, ----I r--I 1--1 --, 1--.
10 I I I -I I J I J L 1- I
~_J I__!...j) __~ ~rJ ~~---l~-=-J~l--LJ
.Mf ,__
~r- I
I I
,-___I
~
1""-'" ~ I""---~
I I I I
I I..J 1____1
'J-
LEVERN ST
'" ~
r--~I ~aJ--1
I '1-11""" I
!...",-_J...I !...____J
I~--~ !1l J--~ I~---' ---:2
'" , r"'''.---' r- '" '''' 1!9
I~ I, ~ I I '1 I~ I I 1
L'--""'.-J 1_.... I L..l1 I L__ : I I
Lr'-.J --- '-- '-__..J
,
II 1---""'- r----L., _-,,-I J--', r--, r"'_
~--o' , II , r I t- I "-I r-- ,
I, ~II "'I I~gl ' , 1
_..J I _ "" --, U;J Ii. --- Jtl_...JO.J I ~ J __--I
-..I ~ ~_ ~... ~,... ___-' ~___
..-, j-I_-I
tl. -'-L_ 1-: i -,
':i!-- I '
-L I", ,,__1--
---' ,... --
BONAIR ST
,--~ r-L ~ _r-~~ ,--, ~-_--l~L'_-ll:L-\__
, ,I "'"1 I II--,::j ,W. i:lu 1
L1__r.J L__, rJ I ,oJ t J L_l__,...J L_1... : L____J
- -.....- ~_r' ---
'"
~ r--.--
_I
,
L---L_
1---' 1-----
'--, r---L I I I r---_~
I !i! I "" II '" I _~
I i(ll ~ I __. ---I ~ I
L__...... ~---\l1. __I 1_", L_---
, I
J b
C_~
I
I
'--""1
~I I
,...L__I
r--~10
I '1
I I
........_J
, Ir--r--,
I I
I , ""
I -"'Lr-.J ~
~,-, 814
I L_l,
...........1 -1 L,
....___J
-,
,
j
.........'\o~
~ ",\
, (
\ _ ( 80
\~"./
PALMETTO ST
:-9151
L L
I I
I ...
,
~
r--,
I I
, I
L_..J
....'"
@@
,-, 912
I ,
I I
I ,
!_oJ I
N
---.....
I
_.J-.....J
---I
I
-L_J
'--I
) 1-
, ,
i i'
lffl.t..J
r'-~-, (--L, -.J-~r-L-
(Q I II ~ I r ~ I ,
~ LJ'-...J L_~J L,,-~J ___J
~'"
~~
~~
lJ
-1
1...1
'---I --I
I L, I
I I !if I
L___J~ ~--
~
q;
g
~
~
....
(!)
:c:
901
:JL1: --:J I ----"~
L_J--J "~ I ____~
1----1
", ,
I 15 ,I
L"12_~
It
Q
lQU_
, '
. I
1 I
!..._J
,--,~--,--,
, '11-, '
I , "_,
....._...J ...-
""'
~--'
'T 1
, l-...J
I 1
L_J
WALNUTST
~
~r-I
..., ,
L".J'"
~
""
r----, It)
I 1,-1
I "I
L___... L_J
815 II--""'---r)
l_........-.....I \
L:
'-"""912
I I
I I
, ,
L I
r;; ....-ll2--r-..,
j.l- I'! 1
l J I r-I
"L__J LJ-....
909
'-"',
L__J
t---
:8'~1
~~I
"
-I ,.1
L_J J
'"
~~
I ~II
J II
II
11',.......
I__.J--~ r--)-
I 1-,
L___J L,
'-1._
r 1--1
1801 ,-
L___J
:-1, ~LI r I
'-~ '!J I t~
'" ~
_~, -L~I
II ,
..._J !.....,,_.J
1 r 7
1 . I
'~-
r ......!;21
I -I
I 1--1-1
'-, I ~
'--\_J ~
r-L._..,
,._1 0 l
I l5 "
I____J
~-L
I~
I
-'-,
'--
f ,-q
--I -",L,' r
C\l1 C") I _9:
-t!! 'I-~J --~
I --I
~I...._j
II) '"
- ~
, 1
_J ,
__J I
: ~ ~_J
L_~~
r---~
_J I
r--....
__I
~ --~-I
,-'~l I ~ I
I ___I L_J
r-.I--
I
L-1-_l
....
....
___.Alt,
~I
LrL, I
L..J
r_r--l~
I ,
1_1 I
-~_J
- 1
J 801 --I
I j
--.
L_
,-, r-'1
[w , ~J _I
r-!.J- ~r-'
...-....,
... J '-, ,..._'-1
~-:e-I , b I
--~, L_,--~ L,---
Proposed Annexation Map
Owner Geraldine Turner Case: ANX2005-04014
1555 Bonair Street Property Size (Acres): 0.85
Site: R-O-W Size (Acres): 0.35
Land Use Zoning
PIN: 11-29-15-10080-001-0040
From: RL (County) R-3 (County) 11-29-15-10080-001-0010
To: RL (City) LMDR (City) Atlas Page: 270A
f
tr~-,
~I~
I I
I I
___I
Ifll-J IIL, ----I r--I r-l ,-"] 1-'--
~ 1;;:;''1 L_ $l ~ [!J- itf I~" 1 ~i
I 1-"-"-... L..P --~ e._r-- ~---- ~_-=-_J ~i--L_
'~ r--
~r- I
RUJ
-,-, ~ 1-" - ~
I ~ ---~
I I I I
I ,.J L____I
,~-
_~ '" .... 0) ~_ ~_~. I'" ~
r'- f;ll~ !fl--l ---1 ---I --..,: r-;:r; I-..,:g rl
I ~I '1'~ I I I I r ~--I r=--- I t'-- ,
L___J L__I L___I L-...,J ----' -I I I r' I I I ,
'__...J 1----' --LJ L___J
LEVERN ST
'" ~
'-~I -&.~--I
I ~II ~ I
L......_1...J L____J
I~--'" 8l J-~ ~--..,
I'!! I r~!'-'--l r- ~ l~ I
LL.._"'LJ 1__ I L"", I I I
Lr.l-.J L_J --___J
'"
r--~
I ,
L__.J
- I
I ,---'" r----l r-, r--' r--1
I ---0' I -II ,r-- I t-~ I I --I
II ~II 101 I ~ lill I I
_.J I _ "'I --,l'iJ r; ...--- In-..JO.J I ~ J
_oJ ""'-' -,...- ~. '\.oJ.... ___.... ~___
1'1.., --I ,...,-1--1_
.--'"'""-, I I
_r-J t-L~~J ~_.1 L_,--,-.1
BONAIR ST
I--~ ,-, '" -~-~~. ,--J B----, :i----_,Ii-_,__
L J: --1 I I 1-- I R I I~ '
l__r "'--Lr- I ,-' L J '--L__r'"J L-L. I l____l
--- "1.._1.1 ---
~ffU
L--L_
r--,Sj i----~- j"'---1 !----: r----_~; j j:
I ~ I ..... I __.I ---I ~ I I
L__...... ____~J __I l3.. L_--- ~--
I
I
I-""L
~:
-..._-
Rl:io
I 1
I I
......_J
Ir--r--l
-1..r-J ~
~
'1
I
-.J
-RrJ4
1:;
-, L
I ,
'--_ J
-,
I
j
........,..'\o~
<'" ".'
\ (
\ ( 80
\~/.1
PALMETTO ST
1-9151
L I
I -,
I "'
I
"-
'"
1--'
I I
I I
1__.1
~~ ~~
II
L"
-1
I...J
r-, 912
I I
I I
I I
,_..I I
N
-----,
I
_.J--....J
L-L_
'--I
I ,-
r I
t I
lffl.tJ
"'''--'-1 [.r--I_-. -1"-'" ~-,
1Or!... I I ~ I r- ~ i" --
~_....J L_~.J ......-2-""""
@@
~
q:
Q
o
~
~
-.I
CI
~
/R-U I ---I --
I I , cd I - -- -,
L_J--~ \--JSJ I ----~
--I
I
I
_.1
r---I
, L,
I '0
'-___J~
1----1
c, ,
I Sl II
L"12_"
a::
Q
lQ~ ~,--,~-oI-J
,.l I I IFiI.' '-I'
I I , I L_ I
L_J '---' '--
~--
'T
I I-
I I
l_J
WALNUT ST
~r-I
"'l I
L.,.....""
,---., ~
I 11-'
I II I
L____ I I
--"
8151,--""-1:-)
,,__...J, I
l_ I I
I I
__I
'-""1112
I I
, ,
I I
L I
~,__-,~_r-'
I In I
L J I r.J
",-__J LJ-..l
909
f-....r-,
L__J
r---
R!Jr
I~I-
, _,..!;lJ
"'....
<arcl
~~I
II
-I ,'I
L_J J
-~
I ~II
J II
I'
Irr-.....I
,--F-fB r--)-
I ,.. I
L___J L.,
....1._
[~~
,..-, !
: II "5lLI I II ...
L:'II ~II I '"
~,..:-_ I =~~
_~,-Lr;L
II - I
~_J !...,J
I -,
I I --I-I 10
..., I (Q
'--\_J ~
, 1
_.1 I
I--~' :
I .... 11_-
L_~~
r-..._,
,.._1 c L
I 0 r1
1___~J
~-I
I"
I
-'-!..
\'
I --I --I -1 r ,- J
'j I 10-11 I
~ 1-- '" I--~I II--iJ L --~
~ ,...,... ,...
r ~
~1W
J:::
---~.,
~I
Lr"L.., I
L.J
~Ir-<-~', I ~ I
I "tOo l
, ___I i___J
r--l~
r- I
1_, I
-'__J
r--I--
I
L-"!..._1
- 1
j 801 --I
__J __1
,_, ~_"1 ~_J\
;-"15' J ~~ J '-, ~_J-1
$! I ~ .J --!e"1 I b I
,-~I ~,-1 t---~' L_,--~ Lr--
Future Land Use Map
Owner Geraldine Turner Case: ANX2005-040 14
Property Size (Acres): 0.85
Site: 1555 Bonair Street R-O-W Size (Acres): 0.35
Land Use Zoning
PIN: 11-29- 1 5- 1 0080-001-0040
From: RL (County) R-3 (County) 11-29-15-10080-001-0010
To: RL (City) LMDR (City) Atlas Page: 270A
IF 1I11l1.
C:~ 1t)"""0)
t~ r~-, r'~;; ~,~ ~--1 ---11R---1 ~._-~ r-
I I I -~ ~I "I I I ~ I I ~_-I
I I L___J '__I ___I L-.., I ----' ~I I I
L__I - I__.J I___.J
I'- 16
;,; 1--' '" 1-1
j"'--- I r~- I
I r I I
--L-1 l___J
r--L
11 I
I'" I
~ I
l~_-,
I-L ----I ,..-- r ""1 .--, ---
r-' I I I J I I I I-I
'--I j --lJ ~- ,_J ~---- ~~ l~L_
- ,... rg.- ~_...:-- L_
LEVERN ST
~ ~ ~ lO..... 10 0) C') 0> lO
~_ -'-I -,-~ ~ r"'---~ r----tit' ~~~--I Ifg---, '" _- ~_J-;)!j ~---, ---'"
r I: 'I I I ~I I ~ I I~ I :~J 11 ., I~ I I 1
'-___J I ,-' 1____J L., J-.J _____J L""-"'LJ 1_-. I L~, I L__ I I I
'...- -- LJ.J-.J L_J ...._J L__-'
,
II r--....... r---L, _-,,-1 J--' r--, ,...._
~--"O' I I~'. I r I { I I ~-I r-- ,
II ~II "'I I~ lill I I I
_...1 L..t-~I --l-€J ....--- ~_~J ___J ~___J _1"__1
l"" '-'--1
~I. -'-L_ 1-: r -,
I ~__ I I
-L__J ~ L_I--r--
BONAIR ST
0> ~ '" ~ ~.
1---11 r-1._ '" _r-~ P _-,--, ----, ~-~__,li-_\__
I II II I I I I ~ 1
L,__r.J L__I rJ I 1..1 l J L-L__r-J L_"" I L____J
- -....- ""'...._SJ ---
~ ~__J--
~I
I
l---L_
____ 1~---lr----
'--,_ I 1_ I I I r---__
1 !9 I... II '" I _~
I il'll ~ I __J ---I ~ I
L__...... ~---\(lJ __I l_~ L_---
, I
J k
(--~
I
I
1-""1...1
~l I
........__1
r--~1O
I '1
I I
......._J
r--r--l
I..
-"1.-r-.J @
~~I
I
"I
-, 814
L_l,
-, L
I ,
....___J
-,
I
j
............"lo~
...; ....)
\ (
> ( /JOe
\_"/
PALMETTO ST
:-9151
~ '-I
! 1..1
~
,--r
I I
I I
1__...1
,-, 912
1 I
I I
I 1
,_..1 I
N
-;--...
~
I
, L
I 1-
, I
r I
1m...J
r'-~-, 1"--1-, r-...r-,( L_
"'I 1I~111e1
~ LJ"'-...J L_~..I .......~...J ___
~~
II
L
-1
I.J
1'-0>
@@
~'"
~~
~
oq;
Q
o
~
~
-.I
C)
:c:
901
1-1-1--, I ---I I ----~-I
L-r--J I "~ I ____~
'---I
I "
L___J~
--I
I 1----1
-iMDR
a::
Q
.....
1QU1 ,--,lli--,_-,
rl I I 111-1 I
I I 1 I ~_ I
L_.J '---' ...-
1}--
'T
I \-
I I
'_J
WALNUT ST
~
~r-I
..., I
L""",,'"
,----, ~
I Ir-l
I II I
L____ I I
~-"
815 :-""'-1:-)
l_~---': \
I I
~_I
r-'\12
1 I
I I
L ...1
~ _-,jg_r-
'l;Io..J- flU
t J I r
'___.1 LJ-.....
909
r-"r'l
L__J
---
"'I'-
fS!r~1
~~I
II
-, IJI
L_J J
0>
I~I
J II
II
1'/"-->
,-_..-@ ,--)-
I "'" I
L___J L"L...
L_
r 1--1
1801 ,-
L___J
r-,
I I 0'1
131"'1
L~l ~J
1-1
I I ~
I I
I =~~
It) ~
_~I-LI,Q_
II ~ I
..._J L"\...J
I, .f f
I~-
[f-~
I -,
1 I
I 1 --'-I '"
\.l_\_J ~
r-p.._,
,._1 Q L
I 15 "
1____1
r.....-L
I
-"'-L
r'
--I ~'--l L_ I
I -, f
I j I, "'-II I
~ -- ~ -~I i ~}--~
'-1
_J I
__J I
I ~ ~_...J
,--e--
r---~
_J I
r--.....
__I
~ --~-I
~ L~' I ~ I
I I I I
I ___I I I
1___-
J::::
---~, I-'--I~ r-r-
Lr-"'LlJ I_L,__J L_"L_~
J /JOt
__J
,-, ~-Il
'tll"' I ~J ...J
~ 1- '" ,
~- -,..-
--I
__1
.-_J\
... J L, ,.._.-1
~-re-I I b I
__~I L_r--~ Lr--
Zoning Map
Owner Geraldine Turner Case: ANX2005-040 14
Property Size (Acres); 0.85
Site: 1555 Bonair Street R-O-W Size (Acres): 0.35
Land Use Zoning
PIN: 11-29-15-10080-00 1-0040
From: RL (County) R-3 (County) 11-29-15-10080-001-0010
To: RL (City) LMDR (City) Atlas Page: 270A
, !~ ,~- "--~ ~-~ ~_-,5----1 iL__1 a----, ,-
~I~ 1 r ~l '11~ I~ I~ I" I~-_J
I I L___J L__I L___I L-',J ---...J:"'I I I -'
___I 1__-' ---
t ..---
""--L -'-L ----I ,..__ I I ....-, ---I
'I I I' I I I J I I I I-I I
I ~ I I I ,.. I -r~ ~ i!
I~_J --Lj --~ [,_J~~___ _...--1 ~i--L_
11f' r--
~r- I
I I
~___J
to. fa
;:1; 1---' '" 1-'
j=--- I r~- I
I II I
--LJ L___J
LEV ERN S1
~ ~ It),... It) 0) to) 0) Il)
j'-' ~ r"'---~ "--~I i!.--I l!ll--, I~r-' ~-J--;:ll j;t--, ,--::I
I I I I ' I I I I~ I, ~ I I ., I~ I I i
I ,-' I____J L, J..J _____J L~_, J I I LJ' I I I I I
-,....- -- ..... -- -;\ J-.J L--J --........._J I _.J
- 1 __
I ---- "--, r-l '--', i~ -'-. r~' 1- --1,-1 1--1_
I ~--O' I -II 1 r-- I - I res ~nl a L_ I I I I
I I ~II ~ I I ~ g I I I . ~ I ~-- I _J
_.J I _ "'I --I '" I ~ _--- ",-...JCl.J 5:f III J _r--I -L I '" I ,--'
_.I ~ ~- ~. '\-Oil _ i..___....,... --- --.... """ __
BONAIR ST
0> ~ '" ~_~.
I--~ ~-"L_ '" -~-~ ,--, ----, -~--, ....-,__
I , I .., I I 1-- I I 'i 1
l.. r.... L__ J I _.J I I 1..- ,..J L I I I
L_ U L_-J..., L..... liJ ~-:- ~-I.__.J L____J
~ ~--J--
~I
,
l---L_
-
'I---L ,---L r'-ra ~1C1~ nt~
!!II .... t ,I '" T" _~
I l1J I ~ I __, ---I ~ I
L____ ____~J __I L_~ L_---
r--~lO
I r1
I I
........_J
_r--l
I....
-~r-.J @
,...-1
I
"I
-"] 814
L_l,
-, L
I ,
-___J
-,
,
j
............'\o~
<'-' ,,'
\ (
\ ( 80
\^,,/
r- 1
_t k
I~__~
I
I
'--"'1
~I
.....L__I
PALMETTO ST
1-9151
~ I
I -I
I "J
I
(\j "-0) ~CV)
,--p ~~ H ~~
I I II
:___:Sin~ le-fan~JY
I.e.~l tftRtfa --I
I ____~ L__J~ J
1----'
""] iil )
L~_J
N
__r,
I
--.....J
_J
""---1
I I
L-L_J
""--1
I ,-
, I
t I
1ffn-'
rfJs" flL-, ~-,
'" I I I ~: I Ie I' ~-1
~ LJ"-...J L_~.J .......s--' ~___J
'-1912
I I
I I
I I
r-..1 I
~
oq:
Q
o
~
~
.,J
C)
:it
901
1-'1--, I ---,
1 I 1 cd
L_r--~ "l\.~
WALNUT ST
~r-I
.., I
L.......~
,---, ~
I Ir-,
I II I
L___~ L_J
8151----1:-)
L_........--'I II
: I
~_I
,-lit 2
I I
I I
I I
L I
It
Q
lQ~ ~,__' 8--1_-, ~r"'-' ').._r-
..I I ,,'1. I I I
I I I I L I L., J I r
L_.J ~-~~iti ""'IE -r-afA tit
'"
i"--,
I r..J
I I
L_J
r 1_-1
1801 r-
L___J
I I
I I ;:l:
I ~.;:!~
909
r-'\rj
L__J
--
"'to.
~r:gl
~~I
"
_, ,"
..... I
i~1
J II
II
.t~-;:
,---,-ii r-_r
I I'- I
L___J L"L..,
L_
--I f LIl
I -","L,' r
"'I '" I ~
-~ I ~J'--~
I --I
'J,I _j
~ ~
r-1
: " ~"I
,-3, ~:
~ -
'" ~
-~ I -L~l
II I
..,_J ~.. -1
,. '-;.
11 fr
'~-
..~
I -~.., , ,
I {es{qE IfJthJ/l
", I '" I ~ ~_J
'--\_1 ~ L_.e--'
r-1.-1
,.._1 c L
I 15 ,I
I____J
rI-L
I
-'-L
r---~
_J I
r--'"
--'
~ --~-I
iI....~', I ~ I
I I
I ___J I I
,___-
r-r--l~ r-.I--
I ,I
'-, I I I
-'__J "--"!..._J
to.
to.
___-"49,
~I
Lr"'L.., I
L.J
] 80t --,
__J _j
,-, ~.Jl
"lIS"' I ~J .J
~J ~..-'
r--"'\
, J '-, ~_I-'
~-:e-I I b I
-_~I L_..--~ Lr--
Existing Surrounding Use Map
Owner Geraldine Turner Case: ANX2005-04014
Property Size (Acres): 0.85
Site: 1555 Bonair Street R-O-W Size (Acres): 0.35
Land Use Zoning
PIN: 11-29-15-10080-001-0040
From: RL (County) R-3 (County) 11-29-15-10080-001-0010
To: RL (City) LMDR (City) Atlas Page: 270A
3: View looking west from Palmetto Street.
5: View looking northeast at site from Palmetto Street.
'"
2: View looking southeast at site from Bonair Street.
4: View looking northwest at site from Palmetto Street.
TURNER PROPERTY. ANX2005-04014
1555 Bonair Street
~.~
u~
City Council
~~,,,,,,-A9~nda CoverJ~!~!!!!!~,!!"~_,,,,,,,~~~~__~_,,_,,_
9._3
Trackina Number: 1,503
Actual Date: 08/15/2005
Subject / Recommendation:
Approve the Annexation, Land Use Plan Amendment from County Residential Low (RL) to City
Residential Low (RL) and Zoning Atlas Amendment from the County R-3, Single-Family
Residential District, to the City Low Medium Density Residential (LMDR) District for 3000 Lake
Vista Drive (Lot 6, Block F, Kapok Terrace in Section 09, Township 29 South, Range 16 East);
and Pass Ordinances 7480-05, 7481-05 & 7482-05 on first reading.
(ANX2005-04013)
Summary:
The subject property is located on the north side of Lake Vista Drive, approximately 250 feet
west of Moss Avenue. The applicant is requesting this annexation in order to receive sanitary
sewer and solid waste service from the City. The property is contiguous to existing City
boundaries to the west; therefore, the proposed annexation is consistent with Pinellas County
requirements with regard to voluntary annexation. The subject site is approximately 0.27-acres
in area and is currently developed with a single-family dwelling. It is proposed that the property
have a Future Land Use Plan designation of Residential Low (RL) and a zoning category of Low
Medium Density Residential (LMDR).
The Planning Department determined that the proposed annexation is consistent with the
following standards specified in the Community Development Code:
The proposed annexation will not have anadverse impact on public facilities and their level
of service.
The proposed annexation is consistent withthe City's Comprehensive Plan, the CountYWide
Plan and the Community Development Code.
The proposed annexation is contiguousto existing City boundaries.
This annexation has been reviewed by the Pinellas Planning Council (PPC) staff according to the
provisions of Pinellas County Ordinance No. 00-63, Section 7(1-3), and no objections have been
raised.
Please refer to the attached annexation (ANX2005-04013) report for the complete staff analysis.
The Community Development Board reviewed this application at its public hearing on July 19,
2005 and unanimously recommended approval of the application.
Originating: Planning
Section Quasi-judicial public hearings
Category: Annexations, Land Use Plan and Zoning
Number of Hard Copies attached: 0
Public Hearing: Yes
Advertised Dates: 07/18/2005
08/15/2005
Financial Information:
~
City Council
~~a_,Cov~~"~e!:,,~an,,dum
Review Approval
Gina Clavton 07-28-2005 11:10:38
Leslie Douaall-Sides 08-03-2005 14:33:36
Bill Horne 08-04-2005 13:57:56
Gina Clayton 07-28-2005 11: 13:45
Cvndie Goudeau 08-05-2005 14:34:41
Michael Delk 07-28-2005 12:00:12
Garry Brumback 08-04-2005 09:21:02
ORDINANCE NO. 7480-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
NORTH SIDE OF LAKE VISTA DRIVE, APPROXIMATELY 250
FEET WEST OF MOSS AVENUE, CONSISTING OF LOT 6,
BLOCK F, KAPOK TERRACE, TOGETHER WITH THE
ABUTTING RIGHT-OF-WAY OF LAKE VISTA DRIVE, WHOSE
POST OFFICE ADDRESS IS 3000 LAKE VISTA DRIVE, INTO
THE CORPORATE LIMITS OF THE CITY, AND REDEFINING
THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID
ADDITION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
Lot 6, Block F, Kapok Terrace, according to the plat thereof as recorded in Plat
Book 36, Page 14, Public Records of Pine lias County, Florida, together with the
abutting right-of-way of Lake Vista Drive. (ANX2005-04013)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication
of all easements, parks, rights-of-way and other dedications to the public, which have heretofore
been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk
and the Planning Director are directed to include and show the property described herein upon the
official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7480-05
ORDINANCE NO. 7481-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE
NORTH SIDE OF LAKE VISTA DRIVE, APPROXIMATELY 250
fEET WEST Of MOSS AVENUE, CONSISTING OF LOT 6,
BLOCK F, KAPOK TERRACE, TOGETHER WITH THE
ABUTTING RIGHT-Of-WAY OF LAKE VISTA DRIVE, WHOSE
POST OfFICE ADDRESS IS 3000 LAKE VISTA DRIVE, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS
RESIDENTIAL LOW; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY Of
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Property
Lot 6, Block F, Kapok Terrace, according to the plat
thereof as recorded in Plat Book 36, Page 14, Public
Records of Pinellas County, Florida, together with the
Abutting right-of-way of Lake Vista Drive.
(ANX2005-04013)
Land Use Cateqorv
Residential Low
Section 2. The City Council does hereby certify that this ordinance is consistent with
the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 7480-05.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7481-05
ORDINANCE NO. 7482-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE
OF LAKE VISTA DRIVE, APPROXIMATELY 250 FEET WEST OF
MOSS AVENUE, CONSISTING OF LOT 6, BLOCK F, KAPOK
TERRACE, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY
OF LAKE VISTA DRIVE, WHOSE POST OFFICE ADDRESS IS
3000 LAKE VISTA DRIVE, UPON ANNEXATION INTO THE CITY
OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL
(LMDR); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive
plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is hereby
zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is
amended, as follows:
Property
Lot 6, Block F, Kapok Terrace, according to the plat
thereof as recorded in Plat Book 36, Page 14, Public
Records of Pinellas County, Florida, together with the
abutting right-of-way of Lake Vista Drive
(ANX2005-04013)
Zonina District
Low Medium Density
Residential (LMDR)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 7480-05.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7482-05
q.s
~',
CDB Meeting Date:
Case Number:
Owner/Applicant:
Location:
Agenda Item:
July 19. 2005
ANX2005-040 13
Blake Travis
3000 Lake Vista Drive
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION
REQUEST:
(a) Annexation of 0.27-acres of property and 0.12 acres of
abutting Lake Vista Drive to the City of Clearwater;
(b) Future Land Use Plan amendment from Residential
Low (RL) Category (County) to Residential Low (RL)
Category (City of Clearwater); and
(c) Rezoning from R-3, Single-Family Residential District
(County) to Low Medium Density Residential (LMDR)
District (City of Clearwater).
SITE INFORMATION:
PROPERTY SIZE:
11,761 square feet or 0.27 acres
(85 feet wide by 140 feet deep)
PROPERTY USE:
Current Use:
Proposed Use:
Single-family dwelling
Single-family dwelling
PLAN CATEGORY:
Current Category:
Proposed Category:
Residential Low (RL) (County)
Residential Low (RL) (City)
ZONING DISTRICT:
Current District:
Proposed District:
R-3, Single-Family Residential (County)
Low Medium Density Residential (LMDR) (City)
Staff Report - Community Development Board - July 19, 2005 - Case ANX2005-04013 Page 1
SURROUNDING USES:
North: Lake
South: Single-family residential
East: Single-family residential
West: Single-family residential
ANALYSIS:
This annexation involves a 0.27-acre property consisting of one parcel located on the north side
of Lake Vista Drive, approximately 250 feet west of Moss Avenue. The property is contiguous
to existing City boundaries to the west; therefore, the proposed annexation is consistent with
Pinellas County requirements with regard to voluntary annexation. It is proposed that the abutting
0.12 acres of the abutting Lake Vista Drive right-of-way not currently within the City limits also
be annexed. The applicant is requesting this annexation in order to receive sanitary sewer and
solid waste service from the City. It is proposed that the property be assigned a Future Land Use
Plan designation of Residential Low (RL) and a zoning category of Low Medium Density
Residential (LMDR).
I. IMPACT ON CITY SERVICES:
Recommended Findings of Fact
Water and Sewer
The applicant receives water service from the City of Clearwater. Sanitary sewer service will be
provided by the City of Clearwater and the City has adequate capacity to serve this property. The
closest sanitary sewer line is currently being constructed and will be located in the adjacent
Bayview A venue right-of-way. The applicant has applied for sewer hookup and has paid the
City's sewer impact fee and assessment fee and is aware of the additional costs to extend City
sewer service to this property.
Solid Waste
Collection of solid waste will be provided by the City of Clearwater. The City has an interlocal
agreement with Pinellas County to provide for the disposal of solid waste at the County's
Resource Recovery Plant and capacity is available to serve the property.
Police
The property is located within Police District III and service will be administered through the
district headquarters located at 2851 N. McMullen Booth Road. There are currently 56 patrol
officers and seven patrol sergeants assigned to this district. Community policing service will be
provided through the City's zone system and officers in the field. The Police Department has
stated that it will be able to serve this property.
Staff Report - Community Development Board - July 19,2005 - Case ANX2005-04013 Page 2
Fire and Emergency Medical Services
Fire and emergency medical services will be provided to this property by Station #49 located on
Sky Harbor Drive. The Fire Department will be able to serve this property. The proposed
annexation will not adversely affect fire and EMS service and response time.
Recommended Conclusions Of Law
The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire
and EMS service. The proposed annexation will not have an adverse effect on public facilities
and their levels of service.
II. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN: [Section 4-604.F.2]
Recommended Findings of Fact
The Pinellas County Comprehensive Plan and the Countywide Future Land Use Plan map
designate the site as Residential Low (RL). It is the purpose of the RL category to depict those
areas of the County that are now developed, or appropriate to be developed, in a low density
residential manner; and to recognize such areas as primarily well-suited for residential uses that
are consistent with the low density, non-intensive qualities and natural resource characteristics of
such areas. Residential is the primary use in this plan category up to a maximum of five (5)
dwelling units per acre. Secondary uses include Residential Equivalent; Institutional;
Transportation/Utility; Public Educational Facility; Ancillary Non-Residential and
Recreation/Open Space.
The proposed annexation is consistent with and promotes the following objective of the City of
Clearwater Comprehensive Plan:
2.4 Objective - Compact urban development within the urban service area shall be promoted
through application of the Clearwater Community Development Code.
Recommended Conclusions of Law
The property proposed for annexation is located within the City's urban service area. The
proposed annexation is consistent with the City's Comprehensive Plan.
III. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT
CODE AND CITY REGULATIONS: [Sections 2-1001.1. & 4-604.F.5.]
Recommended Findings of Fact
The site is currently zoned R-3, Single Family Residential District in Pinellas County. The
applicant proposes to rezone the property to the Low Medium Density Residential District
Staff Report - Community Development Board - July 19, 2005 - Case ANX2005-04013 Page 3
(LMDR). Under the current LMDR zoning district provisions, a minimum lot width of 50 feet
and a minimum lot area of 5,000 square feet are required. The subject site is 85 feet wide and
11,761 square feet in lot area.
Recommended Conclusions of Law
The subject property exceeds the City's minimum LMDR dimensional requirements and is
therefore consistent with the Community Development Code.
IV. CONSISTENCY WITH THE COUNTYWIDE PLAN:
Recommended Findings of Fact
There is no change requested in the Countywide Future Land Use Plan designation for the site,
which will remain Residential Low (RL) with a maximum density of 5 dwelling units per acre.
Recommended Conclusions of Law
No change is proposed for the Future Land Use Plan designation of the property proposed for
annexation and the use and density of the property is consistent with the current designation.
V. CONSISTENCY WITH PINEL LAS COUNTY:
Recommended Findings of Fact
Pursuant to Pinellas County Ordinance No. 00-63, the Pinellas Planning Council staff has
reviewed this annexation and determined it complies with all applicable ordinance criteria.
Pinellas County Ordinance No. 00-63(l)(a) requires that a proposed annexation be both
contiguous to the existing municipal boundaries and compact. This site is contiguous with the
existing City boundaries to the west and represents a logical and appropriate extension of the
existing boundaries. The compactness standard requires that the annexation not create an
enclave or a serpentine pattern of municipal boundaries.
Recommended Conclusions of Law
The property proposed for annexation is contiguous to city boundaries and is compact in its
concentration; therefore the annexation of this property is consistent with Pinellas County
Ordinance No. 00-63.
VI. CODE ENFORCEMENT ANALYSIS:
There are no current code enforcement violations or any code enforcement history on this site.
Staff Report - Community Development Board - July 19, 2005 - Case ANX2005-04013 Page 4
SUMMARY AND RECOMMENDATIONS:
The proposed annexation can be served by City of Clearwater services, including sanitary sewer,
solid waste, police, fire and emergency medical services without any adverse effect on the service
level. The property already receives City water service. The proposed annexation is consistent
with both the City's Comprehensive Plan and is consistent with Pinellas County Ordinance No.
00-63 regarding voluntary annexation.
Based on the above analysis, the Planning Department recommends the following actions on the
request:
(a) Recommend APPROVAL of the annexation of0.27-acres of property and 0.12-acres of
abutting Lake Vista Drive right-of-way to the City of Clearwater;
(b) Recommend APPROVAL of the Residential Low (RL) Future Land Use Plan
classification; and
(c) Recommend APPROVAL of the Low Medium Density Residential (LMDR) zoning
classification pursuant to the City's Community Development Code.
Prepared by Planning Department Staff:
Michael Schoderbock, Consulting Planner
Attachments:
Application
Location Map
Aerial Photograph
Proposed Annexation
Future Land Use Map
Zoning Map
Surrounding Uses Map
Site Photographs
S:\Planning DepartmentlC D BlAnnexationslANX - 2005IANX2005-04013 3000 Lake Vista Dr TravislANX2005-
04013staJrreportdoc
Staff Report - Community Development Board- July 19, 2005 - Case ANX2005-04013 Page 5
Location Map
Owner Blake Travis Case: ANX2005-04013
Property Size (Acres): 0.27
Site: 3000 Lake Vista Drive R.O.W. Size (Acres): 0.12
Land Use Zoning 09-29-16-45126-006-0060
PIN:
From: RL (County) R-3 (County)
To: RL (City) LMDR (City) Atlas Page: 283A
Aerial Photograph
Owner Blake Travis Case: ANX2005-04013
Site: 3000 Lake Vista Drive Property Size (Acres): 0.27
R.O.W. Size (Acres): 0.12
Land Use Zoning 09-29-16-45126-006-0060
PIN:
From: RL (County) R-3 (County)
To: RL (City) LMDR (City) Atlas Page: 283A
~
~
(-,
,_I
{-]
L_J
Proposed Annexation Map
Owner Blake Travis Case: ANX2005-040 13
Site: 3000 Lake Vista Drive Property Size (Acresl: 0.27
R.O.W. Size (Acres): 0.12
Land Use Zoning 09-29-16-45126-006-0060
PIN:
From: RL (County) R-3 (County)
To: RL (City) LMDR (City) Atlas Page: 283A
RU
(-:1
L_J
RU
r-\-.,
I I
'!:l I
lL,-J
fff!~ 'r-l !S "-~ ~
II .-"'11 L_
'I I I I
~ I I I I
Future Land Use Map
Owner Blake Travis
Case:
ANX2005-040 13
Site: 3000 Lake Vista Drive
Property Size (Acres):
R.O.W. Size (Acres):
0.27
0.12
Land Use
Zoning
09-29-16-45126-006-0060
PIN:
From:
RL (County)
R-3 (County)
To:
RL (City)
LMDR (City)
Atlas Page:
283A
(-\
,_I
{-:l
LDR
OS/R
Zoning Map
Owner Blake Travis Case: ANX2005-040 13
Site: 3000 Lake Vista Drive Property Size (Acres): 0.27
R.O.W. Size (Acres): 0.12
Land Use Zoning 09-29-16-45126-006-0060
PIN:
From: RL (County) R-3 (County)
To: RL (City) LMDR (City) Atlas Page: 283A
(-,
\_'
Kapok
Floodplain
Restoration
Area
Existing Surrounding Use Map
Owner Blake Travis Case: ANX2005-04013
Site: 3000 Lake Vista Drive Property Size (Acres): 0.27
R.O.W. Size (Acres): 0.12
Land Use Zoning 09-29-16-45126-006-0060
PIN:
From: RL (County) R-3 (County)
To: RL (City) LMDR (City) Atlas Page: 283A
1: View looking north from Lake Vista Drive.
3: View looking west on Lake Vista Drive from front of site.
5: View looking north along west side of site.
2: View looking northwest from Lake Vista Drive.
4: View looking east on Lake Vista Drive from front of site.
TRAVIS PROPERTY. ANX2005-04013
3000 Lake Vista Drive
q.~
~~
o~
City Council
Cover Memorandum
Tracking Number: 1,504
Actual Date: 08/15/2005
Subject / Recommendation:
Approve the Annexation, Future Land Use Plan Amendment from County Residential Urban (RU)
to City Residential Urban (RU) and Zoning Atlas Amendment from the County R-4, One, Two,
and Three Family Residential District, to the City Low Medium Density Residential (LMDR)
District for 1355 Union Street (Lots 3, 4, 5,6, and 7, Brooklawn in Section 03, Township 29
South, Range 15 East); and Pass Ordinances 7471-05, 7472-05 & 7473-05 on first reading.
(ANX2005-04010)
Summary:
The subject property is located on the southwest corner of Union Street and Evergreen Avenue.
The applicant is requesting this annexation in order to receive sanitary sewer and solid waste
service from the City. The property is contiguous to existing City boundaries to the east and
south; therefore, the proposed annexation is consistent with Pinellas County requirements with
regard to voluntary annexation. The subject site is approximately 0.64-acres in area and is
currently developed with a single-family dwelling. It is proposed that the property have a Future
Land Use Plan designation of Residential Urban (RU) and a zoning category of Low Medium
Density Residential (LMDR).
The Planning Department determined that the proposed annexation is consistent with the
following standards specified in the Community Development Code:
The proposed annexation will not have anadverse impact on public facilities and their level
of service.
The proposed annexation is consistent withthe City's Comprehensive Plan, the Countywide
Plan and the Community Development Code.
The proposed annexation is contiguousto existing City boundaries.
This annexation has been reviewed by the Pinellas Planning Council (PPe) staff according to the
provisions of Pinellas County Ordinance No. 00-63, Section 7(1-3), and no objections have been
raised.
Please refer to the attached annexation (ANX2005-04010) report for the complete staff analysis.
The Community Development Board reviewed this application at its public hearing on July 19,
2005 and unanimously recommended approval of the application.
Originating: Planning
Section Quasi-judicial public hearings
Category: Annexations, Land Use Plan and Zoning
Number of Hard Copies attached: 0
Public Hearinq: Yes
Advertised Dates: 07/18/2005
08/15/2005
~h!
u.~
City Council
,,,_@_~~Bend!!,@~ove~ Me~.o~!.!!~um
Financial Information:
Review Approval
Gina Clavton 07-28-2005 11:10:07
Leslie Douaall-Sides 08-03-2005 14:35:29
Bill Horne 08-04-2005 13:56:33
Gina Clavton 07-28-2005 11:14:17
Cvndie Goudeau 08-05-2005 14:36:39
Michael Delk 07-28-2005 11:56:07
Garry Brumback 08-04-2005 09: 18:59
ORDINANCE NO. 7471-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
SOUTHWEST CORNER OF UNION STREET AND EVERGREEN
AVENUE, CONSISTING OF LOTS 3, 4,5,6, AND 7, BLOCK D,
BROOKLAWN, TOGETHER WITH THE ABUTTING RIGHT-OF-
WAY OF UNION STREET, WHOSE POST OFFICE ADDRESS IS
1355 UNION STREET, INTO THE CORPORATE LIMITS OF THE
CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY
TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
Lots 3, 4, 5, 6, and 7, Brooklawn as recorded in Plat Book 13, Page 59, Public
Records of Pinellas County, Florida, together with the abutting right-of-way of
Union Street.
(ANX2005-04010)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication
of all easements, parks, rights-of-way and other dedications to the public, which have heretofore
been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk
and the Planning Director are directed to include and show the property described herein upon the
official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7471-05
ORDINANCE NO.7 472-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE
SOUTHWEST CORNER OF UNION STREET AND EVERGREEN
AVENUE, CONSISTING OF LOTS 3, 4,5,6, AND 7, BLOCK D,
BROOKLAWN, TOGETHER WITH THE ABUTTING RIGHT-OF-
WAY OF UNION STREET, WHOSE POST OFFICE ADDRESS IS
1355 UNION STREET, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS RESIDENTIAL URBAN; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Property
Lots 3, 4,5,6, and 7, Brooklawn as recorded in
Plat Book 13, Page 59, Public Records of Pinellas
County, Florida, together with the abutting
right-of-way of Union Street. (ANX2005-04010)
Land Use CateQorv
Residential Urban
Section 2. The City Council does hereby certify that this ordinance is consistent with
the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 7471-05.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7472-05
ORDINANCE NO. 7473-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED ON THE SOUTHWEST
CORNER OF UNION STREET AND EVERGREEN AVENUE,
CONSISTING OF LOTS 3, 4, 5, 6, AND 7, BLOCK D,
BROOKLAWN, TOGETHER WITH THE ABUTTING RIGHT-OF-
WAY OF UNION STREET, WHOSE POST OFFICE ADDRESS IS
1355 UNION STREET, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL
(LMDR); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive
plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is hereby
zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is
amended, as follows:
Property
Lots 3, 4,5,6, and 7, Brooklawn as recorded
in Plat Book 13, Page 59, Public Records of
Pinellas County, Florida, together with the
abutting right-of-way of Union Street.
(ANX2005-04010)
Zonino District
Low Medium Density Residential
(LMDR)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon.
and subject to the adoption of Ordinance No. 7471-05.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7473-05
'g~ '. q ,'-l
CDB Meeting Date:
Case Number:
Owner/Applicant:
Location:
Agenda Item:
Julv 19.2005
ANX2005-0401O
Dell & Robin Pearce
1355 Union Street
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION
REQUEST:
(a) Annexation of 0.64-acres of property and 0.07-acres of
abutting Union Street right-of-way to the City of
Clearwater:
(b) Future Land Use Plan amendment from Residential
Urban (RU) Category (County) to Residential Urban
(RU) Category (City of Clearwater); and
(c) Rezoning from R-4, One, Two, and Three Family
Residential District (County) to Low Medium Density
Residential (LMDR) District (City of Clearwater).
SITE INFORMATION:
PROPERTY SIZE:
34,214 square feet or 0.64 acres
(100 feet wide by 280 feet deep)
PROPERTY USE:
Current Use:
Proposed Use:
Single-Family Home
Single-Family Home
PLAN CATEGORY:
Current Category:
Proposed Category:
Residential Urban (RU) (County)
Residential Urban (RU) (City)
ZONING DISTRICT:
Current District:
Proposed District:
R-4, One, Two, and Three Family Residential District
(County)
Low Medium Density Residential (LMDR) (City)
Staff Report - Community Development Board - July 19,2005 - Case ANX2005-0401O Page I
SURROUNDING USES:
North: Multi-family residential
South: Single-family residential
East: Multi-family residential
West: Single- family residential
ANALYSIS:
This annexation involves a 0.64-acre property consisting of two parcels located on the southwest
comer of Union Street and Evergreen Avenue. The property is contiguous to existing City
boundaries to the east and south; therefore, the proposed annexation is consistent with Pinellas
County requirements with regard to voluntary annexation. It is proposed that the abutting 0.07-
acres of Union Street right-of-way not currently within the City limits also be annexed. The
applicant is requesting this annexation in order to receive sanitary sewer and solid waste service
from the City. It is proposed that the property be assigned a Future Land Use Plan designation of
Residential Urban (RU) and a zoning category of Low Medium Density Residential (LMDR).
I. IMPACT ON CITY SERVICES:
Recommended Findings of Fact
Water and Sewer
The applicant already receives water service from the City of Clearwater. Sanitary sewer service
will be provided by the City of Clearwater and the City has adequate capacity to serve this
property. The closest sanitary sewer line is located in the adjacent Union Street right-of-way.
The applicant needs to pay the City's sewer impact fee and assessment fee and is aware of the
additional costs to extend City sewer service to this property.
Solid Waste
Collection of solid waste will be provided by the City of Clearwater. The City has an interlocal
agreement with Pinellas County to provide for the disposal of solid waste at the County's
Resource Recovery Plant and capacity is available to serve the property.
Police
The property is located within Police District II and service will be administered through the
district headquarters located at 645 Pierce Street. There are currently 65 patrol officers and nine
patrol sergeants assigned to this district. Community policing service will be provided through
the City's zone system and officers in the field. The Police Department has stated that it will be
able to serve this property and the proposed annexation will not adversely affect police service
and response time.
Fire and Emergency Medical Services
Fire and emergency medical services will be provided to this property by Station #51 located at
1720 Overbrook Avenue. The Fire Department will be able to serve this property. The proposed
annexation will not adversely affect fire and EMS service and response time.
Staff Report - Community Development Board - July 19, 2005 - Case ANX2005-04010 Page 2
Recommended Conclusions of Law
The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire
and EMS service. The proposed annexation will not have an adverse effect on public facilities
and their levels of service.
II. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN: [Section 4-604.F.2]
Recommended Findings of Fact
The Pinellas County Comprehensive Plan and the Countywide Future Land Use Plan map
designate the site as Residential Urban (RU). It is the purpose of the RU category to depict those
areas of the County that are now developed, or appropriate to be developed, in an urban low
density residential manner; and to recognize such areas as primarily well-suited for residential
uses that are consistent with the urban qualities and natural resource characteristics of such areas.
Residential is the primary use in this plan category up to a maximum of seven and one-half (7.5)
dwelling units per acre. Secondary uses include Residential Equivalent; Institutional;
Transportation/Utility; Public Educational Facility; Ancillary Non-Residential and
Recreation/Open Space.
The proposed annexation is consistent with and promotes the following objective of the City of
Clearwater Comprehensive Plan:
2.4 Objective - Compact urban development within the urban service area shall be promoted
through application of the Clearwater Community Development Code.
Recommended Conclusions of Law
The property proposed for annexation is within the City's urban service area. The proposed
annexation is consistent with the City's Comprehensive Plan.
III. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT
CODE AND CITY REGULATIONS: [Sections 2-1001.1. & 4-604.F.S.]
Recommended Findings of Fact
The site is currently zoned R-4, One, Two, and Three Family Residential District in Pinellas
County. The applicant proposes to rezone the property to the Low Medium Density Residential
District (LMDR). Under the current LMDR zoning district provisions, a minimum lot width of
50 feet and a minimum lot area of 5,000 square feet are required. The subject site is 100 feet
wide and 34,214 square feet in lot area.
Staff Report - Community Development Board - July 19, 2005 - Case ANX2005-040 1 0 Page 3
Recommended Conclusions of Law
The subject property exceeds the City's minimum LMDR dimensional requirements and is
therefore consistent with the Community Development Code.
IV. CONSISTENCY WITH THE COUNTYWIDE PLAN:
Recommended Findings of Fact
There is no change requested in the Countywide Future Land Use Plan designation for the site,
which will remain Residential Urban (RU) with a maximum density of 7.5 dwelling units per
acre.
Recommended Conclusions of Law
No change is proposed for the Future Land Use Plan designation of the property proposed for
annexation and the use and intensity of the property is consistent with the current designation.
V. CONSISTENCY WITH PINELLAS COUNTY:
Recommended Findings of Fact
Pursuant to Pinellas County Ordinance No. 00-63, the Pinellas Planning Council staff has
reviewed this annexation and determined it complies with all applicable ordinance criteria.
Pinellas County Ordinance No. 00-63(1)(a) requires that a proposed annexation be both
contiguous to the existing municipal boundaries and compact. This site is contiguous with the
existing City boundaries to the east and south and represents a logical and appropriate extension
of the existing boundaries. The compactness standard requires that the annexation not create an
enclave or a serpentine pattern of municipal boundaries.
Recommended Conclusions of Law
The property proposed for annexation is contiguous to city boundaries and is compact in its
concentration; therefore the annexation of this property is consistent with Pinellas County
Ordinance No. 00-63.
VI. CODE ENFORCEMENT ANALYSIS:
There are no current code enforcement violations or any code enforcement history on this site.
Staff Report - Community Development Board - July 19, 2005 - Case ANX2005-040 1 0 Page 4
SUMMARY AND RECOMMENDATIONS:
The proposed annexation can be served by City of Clearwater services, including sanitary sewer,
solid waste, police, fire and emergency medical services without any adverse effect on the service
level. The property already receives City water service. The proposed annexation is consistent
with both the City's Comprehensive Plan and is consistent with Pinellas County Ordinance No.
00-63 regarding municipal annexation.
Based on the above analysis, the Planning Department recommends the following actions on the
request:
(a) Recommend APPROVAL of the annexation of 0.64-acres of property and 0.07-acres of
abutting Union Street right-of-way to the City of Clearwater;
(b) Recommend APPROVAL of the Residential Urban (RU) Future Land Use Plan
classification; and
(c) Recommend APPROVAL of Low Medium Density Residential (LMDR) zomng
classification pursuant to the City's Community Development Code.
Prepared by Planning Department Staff:
Michael Schoderbock, Consulting Planner
Attachments:
Application
Location Map
Aerial Photograph
Proposed Annexation
Future Land Use Map
Zoning Map
Surrounding Uses Map
Site Photographs
S;\Planning DepartmentlC D BlAnnexationslANX - 2005IANX2005-040JO 1355 Union St Pearce1ANX2005-040JO staffreport.doc
Staff Report - Community Development Board - July 19, 2005 - Case ANX2005-04010 Page 5
Location Map
Owner Dell and Robin Pearce Case: ANX2005-040 1 0
Property Size 0.64
Site: 1355 Union Street (Acres):
R-O-W Size (Acres): 0.07
Land Use Zoning 03-29-15-12060-004-0030
PIN: 03-29-15-12060-004-0060
From: RU (County) R-4 (County)
To: RU (City) LMDR (City) Atlas Page: 251B
Aerial Photograph
Owner Dell and Robin Pearce Case: ANX2005-040 10
Property Size 0.64
Site: 1355 Union Street (Acres):
R-O-W Size (Acres): 0.07
Land Use Zoning 03-29-15-12060-004-0030
PIN: 03-29-15-12060-004-0060
From: RU (County) R-4 (County)
To: RU (City) LMDR (City) Atlas Page: 251B
r--1(J98
: JJ
- I
1
I-
I
2001 ~80
I
I
I I
r ",' i___J
L___=J
r-I
I "
L160 ~
'C(
ffi
a::
~
a::
~
UI
I--~
I I
I" ~
I I
I I
~ II
L_J
1--1
I I
r I
1 I
I I
, ~
I 1
L_.J
~------,
I I
I I
L_____...J
I--""j
2061
Proposed Annexation Map
Owner Dell and Robin Pearce
Site: 1355 Union Street
Property Size
[Acres):
R-O-W Size (Acresj:
Land Use
Zoning
From:
RU (County)
R-4 (County)
To:
RU (City)
Atlas Page:
LMDR (City)
Case:
PIN:
I--
I I
, I
~5~
I I
, IJ
I I
L__.J
1-'
I I
I I
I 1
I I
, r
I I
L__J
I--""j
" I
~ 1
2hw~
,---- I
I I
I ~_I
I I'
I l
01 ( to
~l__J ~
~
:t:
CI)
~
~
~
~-----ij'-----'
i ~ I
\..r-------"LJ
r--, r-1 1--,
: : --I I
I : I I
II I {058Q
pa57 LI ~ I a::
I L I UI
r- 1, r- I ~
I I' I I Q.
I I I I . I
I I I r :;
I I I 1 .....
, I I I
, I I I
I I I I
I 1_ ~I I
: ,I 1_ I
'20351 : I
I-
I
I
L
I-
I
,
L.,
ANX2005-04010
0.64
0.07
03-29-15-12060-004-0030
03-29-15-12060-004-0060
251B
r---
I ~8 r---
2061 I rJ " :
, --' ~ I
I , 2Im~
I ,
I 1- , ,
I I #11-1
I 4060
2001 I
, ,
, , I ,
, , I '"1
r .,' l-RH ",I r' .,
iii , ~
L___~J """L__.J
~
I--~ r-- :t ~---~-----,
Rt{L, I , , ' CI) I ~ I
," ~ - ~ C) .. r-------.... 1
, I 11052' L..... ""_ ,-
, I , ' ~ 1--'"1 i-11--, ,
L160 ~ ,
- II r ,J ::w:: ' ,--, I L
L_J ' , , , , ,
'C( 1__" , I , 1
~ ' RH ' ,-
'--I ,-""1 I ,fo58 Q I
, , , , :Z057 '-I t I a: ,
UI r I "1 , L
a: , L , UI
I , , , r "I ~
C) I , , , I,
a: , "1 r r " , ,
, , , , , ~
~ L__I L__J , , r ....
, , , 'C(
I---RH , I ,
UI , I ,
, I ,
, I , I ,
'-------1 '- .J ,
" ,- I
,--, 2035: 1 I
I
Future Land Use Map
Owner Dell and Robin Pearce
PIN:
ANX2005-040 10
0.64
0.07
03-29-15-12060-004-0030
03-29-15-12060-004-0060
Case:
Site: 1355 Union Street
Property Size
(Acres):
R-O-W Size (Acres):
Land Use
Zoning
From:
RU (County)
R-4 (County)
To:
RU (City)
LMDR [City)
Atlas Page:
251B
I
I
I-
I
4080
I
I
I
r- ",' ___~I
L___:-J
,---
I' :
~ I
zIm~
I
I
~_I
I'
I
I '1
01 r'
~I 1
,...L__-,
co
~
r-I
I '-.,
L_160
I--~ 1--- ....-----0------,
I I I I : ~ :
" ~ .. 1
I I ~(J521 .. ,..-------.... I 1-
l...... L_
: I I I DfB:--l I
.. I, r i I
L_J I I I I I I L
l__.J I I I I
I I I I I
1---1 I-l : I : -toS8 I
I I I I iZOS71l t I I
r j' 'j I L
I I I I I L I
I I I I 1, r- '1
, I r r I' I I
I I I I I
L_..J L__I I I r
I I I
I I I
,..------, I I I
I I I I I
I I I I I
L_____...J I 1- ~I I
,I ,- I
I I
'--I I 203S: I
I
MDR
Zoning Map
Owner Dell and Robin Pearce Case: ANX2005-04010
Property Size 0.64
Site: 1355 Union Street (Acres):
R-O-W Size (Acres): 0.07
Land Use Zoning 03-29-15-12060-004-0030
PIN: 03-29-15-12060-004-0060
From: RU (County) R-4 (County)
To: RU (City) LMDR (City) Atlas Page: 251B
,--~
I I
i-I
I I
I '1
I I
~ ~
I I
L__J
,..------,
I I
I I
L_____...J
1--'
Existing Surrounding Use Map
Owner Dell and Robin Pearce
Case:
Site: 1355 Union Street
Property Size
(Acres):
R-O-W Size (Acres):
Land Use
Zoning
PIN:
From:
RU (County)
R-4 (County)
To:
RU (City)
Atlas Page:
LMDR (City)
,---
" \
~J.
m Iyl----l
I ~_I
ti I! :'
I i
01 I
~l__J
co
~
~
:x:
CI)
C)
~
llC
~---_v-----,
: - :
\...r-------.......J
'--1 r-' 1--"]
I 11__11
I I I I
I I I I
: I I i
: : i ~58 Q
12057 LI IJ : a::
I L I LIJ
r- 1, r I ~
I I' I I Q.
: : i i .,J
I I I I oq:
I I I I
I I I I
I I I I
I I I I
I - - I
I .1 1- I
I 2035: : I
I-
I
I
L
I-
I
I
L..,
ANX2005-040 10
0.64
0.07
03-29-15-12060-004-0030
03-29-15-12060-004-0060
251B
a:
r"torn HI,.H\
! f1 c~'
PEARC'E PROPI, H r': \ X2005-0401 ()
o c.
-I. ~
~.~
u~
City Council
Cover Memorandum
Tracking Number: 1,505
Actual Date: 08/15/2005
Subject / Recommendation:
Approve the Annexation, Land Use Plan Amendment from County Residential Low (RL) to City
Residential Low (RL) and Zoning Atlas Amendment from the County R-3, Single-Family
Residential District, to the City Low Medium Density Residential (LMDR) District for 2748
Shaddock Drive (Lot 13, Block 6, Virginia Grove Estates First Addition in Section 08, Township
29 South, Range 16 East); and Pass Ordinances 7477-05, 7478-05 & 7479-05 on first reading.
(ANX2005-04012)
Summary:
The subject property is located on the north side of Shaddock Drive, approximately 400 feet
west of Calamondin Lane. The applicant is requesting this annexation in order to receive solid
waste service from the City. The property is located within an unincorporated enclave and is not
contiguous to existing City boundaries; therefore, the proposed annexation is consistent with
Pinellas County requirements with regard to voluntary annexation. The subject site is
approximately 0.19-acres in area and is currently developed with a single-family dwelling. It is
proposed that the property have a Future Land Use Plan designation of Residential Low (RL) and
a zoning category of Low Medium Density Residential (LMDR).
The Planning Department determined that the proposed annexation is consistent with the
following standards specified in the Community Development Code:
The proposed annexation will not have anadverse impact on public facilities and their level
of service.
The proposed annexation is consistent withthe City's Comprehensive Plan, the Countywide
Plan and the Community Development Code.
The proposed annexation is located within anenclave and its annexation will reduce such
enclave.
This annexation has been reviewed by the Pinellas Planning Council (PPC) staff according to the
provisions of Pinellas County Ordinance No. 00-63, Section 7(1-3), and no objections have been
raised.
Please refer to the attached annexation (ANX2005-04012) report for the complete staff analysis.
The Community Development Board reviewed this application at its public hearing on July 19,
2005 and unanimously recommended approval of the application.
Originating: Planning
Section Quasi-judicial public hearings
Category: Annexations, Land Use Plan and Zoning
Number of Hard Copies attached: 0
Public Hearing: Yes
Advertised Dates: 07/18/2005
08/15/2005
Financial Information:
~""~ter
u~
City Council
Agen~a cov~~J~:t~,!!!~~andu m
Review Approval
Gina Clavton 07-28-2005 11 :09:22
Leslie Douaall-Sides 08-03-2005 14:34:28
Bill Horne 08-04-2005 13:57: 13
Gina Clavton 07-28-2005 11:14:46
Cvndie Goudeau 08-05-2005 14:35:28
Michael Delk 07-28-2005 11:57:05
Garry Brumback 08-04-2005 09:20:20
1--
ORDINANCE NO. 7477-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
NORTH SIDE OF SHADDOCK DRIVE, APPROXIMATELY 400
FEET WEST OF CALAMONDIN LANE, CONSISTING OF LOT 13,
BLOCK 6, VIRGINIA GROVES ESTATES FIRST ADDITION,
WHOSE POST OFFICE ADDRESS IS 2748 SHADDOCK DRIVE,
INTO THE CORPORATE LIMITS OF THE CITY, AND
REDEFINING THE BOUNDARY LINES OF THE CITY TO
INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
Lot 13, Block 6, Virginia Groves Estates First Addition, according to the plat
thereof, recorded in Plat Book 47, Pages 41-43, Public Records of Pinellas
County, Florida (ANX2005-04012)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication
of all easements, parks, rights-of-way and other dedications to the public, which have heretofore
been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk
and the Planning Director are directed to include and show the property described herein upon the
official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
Leslie K. Dougall-Sides
Assistant City Attorney
Ordinance No. 7477-05
ORDINANCE NO. 7478-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE
NORTH SIDE OF SHADDOCK DRIVE, APPROXIMATELY 400
FEET WEST OF CALAMONDIN LANE, CONSISTING OF LOT 13,
BLOCK 6, VIRGINIA GROVES ESTATES FIRST ADDITION,
WHOSE POST OFFICE ADDRESS IS 2748 SHADDOCK DRIVE,
UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS
RESIDENTIAL LOW; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Property Land Use Cateaorv
Lot 13, Block 6, Virginia Groves Estates First Addition, Residential Low
according to the plat thereof, recorded in Plat Book 47,
Pages 41-43, Public Records of Pinellas County, Florida
(ANX2005-040 12)
Section 2. The City Council does hereby certify that this ordinance is consistent with
the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 7477-05.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Frank V. Hibbard
Mayor
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7478-05
ORDINANCE NO. 7479-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE
OF SHADDOCK DRIVE, APPROXIMATELY 400 FEET WEST OF
CALAMONDIN LANE, CONSISTING OF LOT 13, BLOCK 6,
VIRGINIA GROVES ESTATES FIRST ADDITION, WHOSE POST
OFFICE ADDRESS IS 2748 SHADDOCK DRIVE, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW
MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive
plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is hereby
zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is
amended, as follows:
Prooerty
Lot 13, Block 6, Virginia Groves Estates First Addition,
according to the plat thereof, recorded in Plat Book 47,
Pages 41-43, Public Records of Pinellas County, Florida
(ANX2005-04012)
Zoninq District
Low Medium Density Residential
(LMDR)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 7477-05.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
Leslie K. Dougall-Sides
Assistant City Attorney
Ordinance No. 7479-05
R~.q.S
CDB Meeting Date:
Case Number:
Owner/Applicant:
Location:
Agenda Item:
July 19. 2005
ANX2005-04012
Sibylle Clark / Kelly K. Murphy
2748 Shaddock Drive
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION
REQUEST:
(a) Annexation of 0.19-acres of property to the City of
Clearwater;
(b) Future Land Use Plan amendment from Residential
Low (RL) Category (County) to Residential Low (RL)
Category (City of Clearwater); and
(c) Rezoning from R-3, Single-Family Residential District
(County) to Low Medium Density Residential (LMDR)
District (City of Clearwater).
SITE INFORMATION:
PROPERTY SIZE:
10,157 square feet or 0.19 acres
(80 feet wide by 105 feet deep)
PROPERTY USE:
Current Use:
Proposed Use:
Single-family dwelling
Single- family dwelling
PLAN CATEGORY:
Current Category:
Proposed Category:
Residential Low (RL) (County)
Residential Low (RL) (City)
ZONING DISTRICT:
Current District:
Proposed District:
R-3, Single-Family Residential (County)
Low Medium Density Residential (LMDR) (City)
Staff Report - Community Development Board - July 19,2005 - Case ANX2005-04012 Page I
SURROUNDING USES:
North: Single-family residential
South: Single-family residential
East: Single-family residential
West: Single-family residential
ANALYSIS:
This annexation involves a 0.19-acre property consisting of one parcel, located on the north side
of Shaddock Drive, approximately 400 feet west of Calamondin Lane. The property is located
within an enclave and is not contiguous to existing City boundaries; therefore, the proposed
annexation is consistent with Pinellas County requirements with regard to voluntary annexation.
The applicant is requesting this annexation in order to receive solid waste service from the City.
It is proposed that the property be assigned a Future Land Use Plan designation of Residential
Low (RL) and a zoning category of Low Medium Density Residential (LMDR).
I. IMPACT ON CITY SERVICES:
Recommended Findings of Fact
Water and Sewer
The applicant receives water service from Pinellas County. Sanitary sewer service cannot be
provided at this time by the City of Clearwater. The closest sanitary sewer line is located over
400 feet away in the Calamondin Lane right-of-way.
Solid Waste
Collection of solid waste will be provided by the City of Clearwater. The City has an interlocal
agreement with Pinellas County to provide for the disposal of solid waste at the County's
Resource Recovery Plant and capacity is available to serve the property.
Police
The property is located within Police District ill and service will be administered through the
district headquarters located at 2851 N. McMullen Booth Road. There are currently 56 patrol
officers and seven patrol sergeants assigned to this district. Community policing service will be
provided through the City's zone system and officers in the field. The Police Department has
stated that it will be able to serve this property.
Fire and Emergency Medical Services
Fire and emergency medical services will be provided to this property by Station #49 located on
Sky Harbor Drive. The Fire Department will be able to serve this property. The proposed
annexation will not adversely affect fire and EMS service and response time.
Staff Report - Community Development Board - July 19, 2005 - Case ANX2005-04012
Page 2\
Recommended Conclusions Of Law
The City has adequate capacity to serve this property with solid waste, police, fire and EMS
service. The proposed annexation will not have an adverse effect on public facilities and their
levels of service.
II. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN: [Section 4-604.F.2]
Recommended Findings of Fact
The Pinellas County Comprehensive Plan and the Countywide Future Land Use Plan map
designate the site as Residential Low (RL). It is the purpose of the RL category to depict those
areas of the County that are now developed, or appropriate to be developed, in a low density
residential manner; and to recognize such areas as primarily well-suited for residential uses that
are consistent with the low density, non-intensive qualities and natural resource characteristics of
such areas. Residential is the primary use in this plan category up to a maximum of five (5)
dwelling units per acre. Secondary uses include Residential Equivalent; Institutional;
Transportation/Utility; Public Educational Facility; Ancillary Non-Residential and
Recreation/Open Space.
The proposed annexation is consistent with and promotes the following objective of the City of
Clearwater Comprehensive Plan:
2.4 Objective - Compact urban development within the urban service area shall be promoted
through application ofthe Clearwater Community Development Code.
Recommended Conclusions of Law
The property proposed for annexation is located within an enclave within the City's urban service
area. The proposed annexation is consistent with the City's Comprehensive Plan.
III. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT
CODE AND CITY REGULATIONS: [Sections 2-1001.1. & 4-604.F.5.]
Recommended Findings of Fact
The site is currently zoned R-3, Single Family Residential District in Pinellas County. The
applicant proposes to rezone the property to the Low Medium Density Residential District
(LMDR). Under the current LMDR zoning district provisions, a minimum lot width of 50 feet
and a minimum lot area of 5,000 square feet are required. The subject site is 80 feet wide and
10,157 square feet in lot area.
Staff Report - Community Development Board - July 19, 2005 - Case ANX2005-04012
Page 3\
Recommended Conclusions of Law
The subject property exceeds the City's minimum LMDR dimensional requirements and is
therefore consistent with the Community Development Code.
IV. CONSISTENCY WITH THE COUNTYWIDE PLAN:
Recommended Findings of Fact
There is no change requested in the Countywide Future Land Use Plan designation for the site,
which will remain Residential Low (RL) with a maximum density of 5 dwelling units per acre.
Recommended Conclusions of Law
No change is proposed for the Future Land Use Plan designation of the property proposed for
annexation and the use and density of the property is consistent with the current designation.
V. CONSISTENCY WITH PINEL LAS COUNTY:
Recommended Findings of Fact
Pursuant to Pinellas County Ordinance No. 00-63, the Pinellas Planning Council staff has
reviewed this annexation and determined that it complies with all applicable ordinance criteria.
Pinellas County Ordinance No. 00-63(1)(b) provides for the voluntary annexation of property
that is located within and reduces an enclave on the effective date of the ordinance. The subject
site is located within an enclave, is noncontiguous to city boundaries and reduces the enclave.
Recommended Conclusions of Law
The property proposed for annexation is located within an enclave and its annexation will reduce
such enclave; therefore, the annexation of this property is consistent with Pinellas County
Ordinance No. 00-63.
VI. CODE ENFORCEMENT ANALYSIS:
There are no current code enforcement violations or any code enforcement history on this site.
SUMMARY AND RECOMMENDATIONS:
The proposed annexation can be served by City of Clearwater services, including solid waste,
police, fire and emergency medical services without any adverse effect on the service level. The
proposed annexation is consistent with both the City's Comprehensive Plan and is consistent
with Pinellas County Ordinance No. 00-63 regarding voluntary annexation.
Staff Report - Community Development Board - July 19,2005 - Case ANX2005-04012
Page 4\
Based on the above analysis, the Planning Department recommends the following actions on the
request:
(a) Recommend APPROVAL of the annexation ofO.19-acres to the City of Clearwater;
(b) Recommend APPROVAL of the Residential Low (RL) Future Land Use Plan
classification; and
(c) Recommend APPROVAL of the Low Medium Density Residential (LMDR) zoning
classification pursuant to the City's Community Development Code.
Prepared by Planning Department Staff:
Michael Schoderbock, Consulting Planner
Attachments:
Application
Location Map
Aerial Photograph
Proposed Annexation
Future Land Use Map
Zoning Map
Surrounding Uses Map
Site Photographs
S:\Planning Department\C D BlAnnexationslANX - 2005IANX2005-04012 2748 Shaddock Dr Clark1ANX2005-
04012 staff report. doc
Staff Report - Community Development Board - July 19, 2005 - Case ANX2005-04012
Page 5\
RO
D
Location Map
Owner Sibylle Clark Case: ANX2005-040 12
Site: 2748 Shaddock Drive Property 0.19
Size (Acres):
Land Use Zoning 08-29- 1 6-94302-006-0130
PIN:
From: RL (County) R-3 (County)
To: RL (City) LMDR (City) Atlas Page: 273A
Aerial Photograph
Owner Sibylle Clark Case: ANX2005-040 12
Site: 2748 Shaddock Drive 0.19
Land Use Zoning 08-29-16-94302-006-0130
PIN:
From: RL (County) R-3 (County)
To: RL (City) LMDR (City) Atlas Page: 273A
Proposed Annexation Map
Owner Sibylle Clark Case: ANX2005-04012
Site: 2748 Shaddock Drive 0.19
Land Use Zoning 08-29- 1 6-94302-006-0130
PIN:
From: RL (County) R-3 (County)
To: RL (City) LMDR (City) Atlas Page: 273A
Future Land Use Map
Owner Sibylle Clark Case: ANX2005-04012
Site: 2748 Shaddock Drive Property 0.19
Size (Acres):
Land Use Zoning 08-29- 1 6-94302-006-0130
PIN:
From: RL (County) R-3 (County)
To: RL (City) LMDR (City) A tlas Page: 273A
Zoning Map
Owner Sibylle Clark Case: ANX2005-04012
Site: 2748 Shaddock Drive 0.19
Land Use Zoning 08-29-16-94302-006-0130
PIN:
From: RL (County) R-3 (County)
To: RL (City) LMDR (City) Atlas Page: 273A
Existing Surrounding Use Map
Owner Sibylle Clark Case: ANX2005-04012
Site: 2748 Shaddock Drive Property 0.19
Size (Acres):
Land Use Zoning 08-29-16-94302-006-0130
PIN:
From: RL (County) R-3 (County)
To: RL (City) LMDR (City) Atlas Page: 273A
(..t,ARK PR()P
irnrn trunl
Il.. :\J X2005-040 12
;
...
q,b
~.~
u.~
City Council
_"..,.".",,~gw~.!:!.~a C9_~!!w ~~.~.9.~.~.!!~u.~....",..w.__"..._.
Tracking Number: 1,492
Actual Date: 08/15/2005
Subject / Recommendation:
Approve the Future land Use Plan Amendment from the Industrial Limited (Il) category to the
Commercial General (CG) category and Zoning Atlas Amendment from the Industrial, Research,
Technology (IRT) District to the Commercial (C) District for property located at 1822 North
Belcher Road (lot 2, Mathews/Nielsen Replat) and Pass Ordinance 7469-05 & 7470-05 on first
reading.
(lUZ2005-04006)
Summary:
The subject site is comprised of one parcel of land totaling 0.499 acres located at 1822 North
Belcher Road. It is located at the northwest corner of Sunnydale Boulevard and North Belcher
Road. The applicant is requesting to amend the Future land Use Plan Map designation of this
site from the Industrial Limited (Il) category to the Commercial General (CG) category and to
rezone it from the Industrial, Research, Technology (IRT) District to the Commercial (C) District
in order to construct an office building on the property.
The Planning Department determined that the proposed future land use plan amendment and
rezoning applications are consistent with the following standards specified in the Community
Development Code:
The proposed land use plan amendmentand rezoning application are consistent with
the Comprehensive Plan.
The proposed use is compatibleNith the surrounding area.
Sufficient public facilities are availableto serve the property.
The applications will not have anadverse impact on the natural environment.
Please refer to the attached land use plan amendment and rezoning (lUZ2005-04006) report for
the complete staff analysis.
In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the
approval of the Pinellas Planning Council and the Board of County Commissioners acting as the
Countywide Planning Authority. Review and approval by the Florida Department of Community
Affairs is not required.
The Community Development Board reviewed these applications at its public hearing on July 19,
2005 and unanimously recommended approval of the application.
Originating: Planning
Section Quasi-judicial public hearings
Category: Annexations, land Use Plan and Zoning
Number of Hard Copies attached: 0
Public Hearing: Yes
Advertised Dates: 07/03/2005
~.~
u~ Aoenda Cover Memorandum
_~~"~"p ~. ~.'*"""--_.~-'~~~--'- -,--~
City Council
Financial Information:
Review Approval
Gina Clavton 07-22-2005 15:58:22
Cvndie Goudeau 08-05-2005 14:26:44
Michael Delk 07-25-2005 11:53:28
Garrv Brumback 08-04-2005 13:58:18
Leslie Dougall-Sides 07-26-2005 16:11:44
Bill Horne 08-04-2005 16:49:22
_._-~
ORDINANCE NO. 7469-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE
LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY
LOCATED AT THE NORTHWEST CORNER OF SUNNYDALE
BOULEVARD AND NORTH BELCHER ROAD, CONSISTING OF
LOT 2, MATHEWS/NIELSON REPLAT, WHOSE POST OFFICE
ADDRESS IS 1822 NORTH BELCHER ROAD, FROM
INDUSTRIAL LIMITED TO COMMERCIAL GENERAL;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property as follows:
Prooerty Land Use Cateoorv
Lot 2, Mathews/Nielsen Replat, according From: Industrial Limited
to the map or plat thereof, as recorded in To: Commercial General
Plat Book 109, Page 36, Public Records of
Pinellas Count, Florida.
(LUZ2005-04006)
Section 2. The City Council does hereby certify that this ordinance is consistent with
the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, subject to the
approval of the land use designation by the Pinellas County Board of County Commissioners,
and subject to a determination by the State of Florida, as appropriate, of compliance with the
applicable requirements of the Local Government Comprehensive Planning and Land
Development Regulation Act, pursuant to ~ 163.3189, Florida Statutes. The Community
Development Coordinator is authorized to transmit to the Pinellas County Planning Council an
application to amend the Countywide Plan in order to achieve consistency with the Future Land
Use Plan Element of the City's Comprehensive Plan as amended by this ordinance.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7469-05
----
ORDINANCE NO. 7470-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY REZONING
CERTAIN PROPERTY LOCATED AT THE NORTHWEST
CORNER OF SUNNYDALE BOULEVARD AND NORTH
BELCHER ROAD, CONSISTING OF LOT 2,
MATHEWS/NIELSON REPLAT, WHOSE POST OFFICE
ADDRESS IS 1822 NORTH BELCHER ROAD, FROM
INDUSTRIAL RESEARCH TECHNOLOGY TO COMMERCIAL;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is
found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive
Plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and
the zoning atlas of the City is amended as follows:
Property
Lot 2, Mathews/Nielsen Replat, according
to the map or plat thereof, as recorded in Plat
Book 109, Page 36, Public Records of Pinellas
Count, Florida.
(LUZ2005-04006)
Zonino District
From: Industrial Research Technology
To: Commercial
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, subject to the
approval of the land use designation set forth in Ordinance 7469-05 by the Pinellas County Board
of County Commissioners, and subject to a determination by the State of Florida, as appropriate,
of compliance with the applicable requirements of the Local Government Comprehensive
Planning and Land Development Regulation Act, pursuant to 9163.3189, Florida Statutes.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7470-05
CDB Date:
Case Number:
Owner/Applicant:
Representative:
Address:
Agenda Item:
July 19. 2005
LUZ2005-04006
Pappas and Sons. LLC
George G. Pappas
1822 North Belcher Road
G-2
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION
REQUEST:
(a) Future Land Use Plan amendment from the Industrial
Limited (IL) Classification to the Commercial General
(CG) Classification; and
(b) Rezoning from the Industrial, Research, Technology
(IRT) District to the Commercial (C) District.
SITE INFORMATION
PROPERTY SIZE:
21,737 square feet or 0.499 acres
(194.08 feet wide by 112.00 feet deep)
PROPERTY USE:
Current Use:
Proposed Use:
Vacant
Office
PLAN CATEGORY:
Current Category:
Proposed Category:
Industrial Limited (IL) Classification
Commercial General (CG)
ZONING DISTRICT:
Current District:
Proposed District:
Industrial, Research, Technology (IRT) District
Commercial (C)
EXISTING
SURROUNDING USES:
North: Vacant restaurant
South: Office
East: Office
West: Manufacturing
Staff Report - Community Development Board - July 19, 2005 - Case LUZ2005-04006 Page 1
ANALYSIS:
This Future Land Use Plan (FLUP) amendment and rezoning application involves one parcel of
land, approximately 0.499 acres in area located at the northwest comer of Sunnydale Boulevard
and North Belcher Road. The site is currently vacant. The site has a FLUP designation of
Industrial Limited (IL) and is within the Industrial, Research, Technology (IRT) District. The
applicant is requesting to amend the FLUP designation of the site to the Commercial General
(CG) classification and to rezone it to the Commercial (C) District.
In accordance with the Countywide Plan Rules, the land use plan amendment is subject to
approval by the Pinellas Planning Council and Board of County Commissioners acting as the
Countywide Planning Authority.
I. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Section 4-603.F.1]
Recommended Findings of Fact:
Applicable Goals, Objectives and Policies from the Clearwater Comprehensive Plan in support
of the proposed land use plan amendment are as indicated below:
2.2 Objective - The City of Clearwater shall continue to support innovative planned
development and mixed land use development techniques in order to promote infill
development that is consistent and compatible with the surrounding environment.
2.2.1 Policy - On a continuing basis, the Community Development Code and the site plan
approval process shall be utilized in promoting infill development and/or planned
developments that are compatible.
3.0 Goal - A sufficient variety and amount of future land use categories shall be provided to
accommodate public demand and promote infill development.
5.1.1 Policy - No new development or redevelopment will be permitted which causes the level
of City services (traffic circulation, recreation and open space, water, sewage treatment,
garbage collection, and drainage) to fall below minimum acceptable levels. However,
development orders may be phased or otherwise modified consistent with provisions of
the concurrency management system to allow services to be upgraded concurrently with
the impacts of development.
Recommended Conclusions of Law:
The proposed plan amendment is not in conflict with any Clearwater Comprehensive Plan Goals,
Objectives or Policies, and is consistent with the Clearwater Comprehensive Plan.
II. CONSISTENCY WITH COUNTYWIDE PLAN
Recommended Findings of Fact:
The purpose of the proposed Commercial General (CG) category, as specified in Section
2.3.3.5.4 of the Countywide Rules, is to designate areas in the County that are now developed, or
Staff Report - Community Development Board- July 19,2005 - Case LUZ2005-04006
Page 2
appropriate to be developed, in a manner designed to provide community and countywide
commercial goods and services; and to recognize such areas primarily consistent with the need,
relationship to adjoining uses and with the objective of encouraging a consolidated, concentrated
commercial center providing for the full spectrum of commercial uses. The Commercial General
(CG) category is generally appropriate to locations in and adjacent to activity centers where
surrounding land uses support and are compatible with intensive commercial uses; and in areas in
proximity to and with good access to major transportation facilities, including mass transit. This
property is in close proximity to the Belcher/Sunset Point intersection, which is a commercial
node. Therefore, the proposed use of the property for professional offices is consistent with the
purposes ofthe Commercial General (CG) category that permits office use.
Belcher Road from Sunset Point Road south to a point just south of Gulf to Bay Boulevard has
been designated as an Enhancement Connector for the Scenic/Non-Commercial Corridor Master
Plan for the County. This designation was recommended for traffic corridors that do not
demonstrate qualities that would warrant their inclusion within the program. These are areas
characterized by an existing or evolving pattern of land uses that are not exclusively non-
commercial, including the respective plan categories within the Residential, Mixed Use,
Commercial, Industrial, or Public/Semi-Public plan classifications shown on the Countywide
Future Land Use Plan. However, in order to provide continuity of corridor designation, these
segments were included with the intent to recommend their visual enhancement. Consequently,
if the site is further developed, the landscaping should be designed to be in conformance with the
Countywide Scenic/Non-Commercial Corridor Master Plan.
Recommended Conclusions of Law:
The proposed plan amendment is consistent with the purpose and locational characteristics of the
Countywide Plan and is consistent with the provisions relating to this portion of Belcher Road
that has been designated as an Enhancement Connector in the Scenic/Non-Commercial Corridor
Master Plan.
III. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE
CITY & NEIGHBORHOOD [Sections 4-602.F.2 & 4-603.F.3]
Recommended Findings of Fact:
A variety of non-residential uses characterize the immediate area on all sides including
manufacturing and other similar industrial uses to the west, offices to the east and south, retail to
the north and south and self-storage also to the north. The site is approximately 800 feet south of
Sunset Point Road, a moderately developed thoroughfare characterized by retails sales, service
and office uses. Commercial General (CG) future land use plan classification is located to the
north, ResidentiaVOffice General (RIO G) to the east and Industrial Limited (IL) to the south and
west. A variety of non-residential uses including retail sales and service and office dominate the
land use to the north, south and east of the property. Industrial uses characterize the area to the
west of the property.
The proposed FLUP and zoning designations are in character with the overall FLUP and zoning
designations in the area and are compatible with surrounding uses. The proposed Commercial
Staff Report - Community Development Board - July 19, 2005 - Case LUZ2005-04006
Page 3
General (CG) classification is consistent with the proposed use of the site as professional offices,
a use not permitted within the Industrial Limited (IL) district. Additionally, although the land use
and zoning changes will entail a loss of industrial land in the County, the commercial use is more
compatible with the surrounding uses that front on Belcher Road.
Recommended Conclusions of Law:
The proposed plan and zoning atlas amendments are compatible with surrounding properties and
the character of the City and neighborhood.
IV. SUFFICIENCY OF PUBLIC FACILITIES
Recommended Findings of Fact:
As stated earlier, the overall subject site is approximately 0.499 acres in area and is currently
vacant. The applicant is requesting to amend the FLUP designation of the site to the Commercial
General (CG) classification and to rezone it to the Commercial (C) District and intends to
construct an office building. The Industrial Limited (IL) category permits a floor area ratio of
0.65 that would permit up to 14,129 square feet of gross floor area on the site. The allowable
development potential in the Commercial General (CG) category is 24 units per acre or a floor
area ratio of 0.55, which would allow 12 dwelling units or up to 11,955 square feet to be
constructed on the site.
Roadways
The accepted methodology for reviewing the transportation impacts of proposed plan
amendments is based on the Pinellas Planning Council's (PPC) traffic generation guidelines.
The PPC's traffic generation rates have been calculated for the subject site based on the existing
and proposed FLUP categories and are included in the next table that examines the maximum
potential traffic of the future land use plan amendment from the Industrial Limited (IL) to the
Commercial General (CG) classification.
Maximum Dail Added Potential Tri s
Maximum PM Peak Hour Added Potential Tri S3
Volume of North Belcher Road from Sunset Point Road to
NE Coachman Road
LOS of North Belcher Road from Sunset Point Road to NE
Coachman Road
NI A = Not Applicable LOS = Level-of-Service
29,492
29,577
29,724
147
c
C
C
C
I = Based on PPC calculations of trips per acre per day for the Industrial Limited Future Land Use Category.
2 = Based on PPC calculations of trips per acre per day for the Commercial General Future Land Use Category.
3 = Based on MPO K-factor of 0.095
Source: "The Rules" of the Countywide Future Land Use Plan
Based on the 2003 Pinellas County Metropolitan Planning Organization (MPO) Level of Service
Report, the segment of North Belcher Road from Sunset Point Road to NE Coachman Road has a
Staff Report - Community Development Board - July 19, 2005 - Case LUZ2005-04006
Page 4
LOS of C. Although the proposed FLUP category of Commercial General (CG) could generate
an increase in PM peak hour traffic on this segment of North Belcher Road by a total of 14 trips,
the traffic generated by this plan amendment is projected to be less than a one percent increase
and will not result in the degradation of the existing LOS to the surrounding road network.
Traffic from the subject site will be distributed to North Belcher Road. The anticipated increase
in PM peak trips will not degrade the LOS for North Belcher Road. The site is currently
accessed from the east via North Belcher Road.
Specific uses in the current and proposed zoning districts have also been analyzed for the level of
vehicle trips that could be generated based on the Institute of Transportation Engineer's Manual.
Existing Zoning (IRT) /Future Land Use Plan (IL)
General Light Industrial
(6.97 trips & 1.08 ave. ratell ,000 sq. ft.)
14,129
98
N/A
15
N/A
s uare feet
Proposed Zoning (C) /Future Land Use Plan (CG)
Retail (40.67 trips & 4.93 average
rate/1 ,000 sq.ft.)
11,955
486
388
59
44
S uare feet
Office (11.01 trips & 1.49 average
ratell ,000 sq.ft.)
11,955
132
34
18
3
s uare feet
The City of Clearwater Engineering Department has concluded that the transportation impacts
associated with this land use plan amendment will not result in the degradation of the existing
LOS to the surrounding road network, as the traffic generation associated with the proposed
amendment will not exceed three percent of the existing PM Peak hour trips and will not change
the LOS in that section of North Belcher Road. In addition, no impact to the operational
efficiency of the signalized intersections within the subject area is anticipated by the proposed
amendment.
Mass Transit
The Citywide LOS for mass transit will not be affected by the proposed plan amendment. The
total miles of fixed route service will not change; the subject site is located along an existing
transit route and headways are less than or equal to one hour. Pinellas Suncoast Transit
Authority (PST A) bus service is available along North Belcher Road.
Staff Report - Community Development Board - July 19,2005 - Case LUZ2005-04006
Page 5
Water
The current FLUP category could use up to 1,413 gallons per day. Under the proposed FLUP
categories, water demand could approach approximately 1,196 gallons per day. The proposed
land use will not negatively affect the City's current LOS for water.
Wastewater
The current FLUP category could produce up to 1,130 gallons per day. Under the proposed
FLUP categories, sewer demand could approach approximately 956 gallons per day. The
proposed land use amendment will not negatively affect the City's current LOS for wastewater.
Solid Waste
The current Industrial Limited FLUP category would result in the production of 33 tons of solid
waste per year. Under the proposed FLUP category, the proposed restaurant could generate 32
tons of solid waste per year. The proposed land use and plan amendment will not negatively
affect the City's current LOS for solid waste disposal.
Recreation and Open Space
The proposed future land use plan and zoning designations will permit the development of up to
11,955 square feet of gross floor area. The use of the site is proposed to be limited to an office
improvement, therefore, payment of an Open Space, Recreation Land and Recreation Facility
impact fee will not be required at this time. Open Space, Recreation Land and Recreation
Facility impact fees will be required if the property is ever developed with residential uses. The
amount and timing of this fee is dependent on the number of developed units and will be
addressed and paid during the site plan review process.
Recommended Conclusions of Law:
Based upon the findings of fact, it has been determined that the traffic generated by this plan
amendment will not result in the degradation of the existing LOS to the surrounding road
network or the operational efficiency of the signalized intersections.
Furthermore, the proposed amendment and rezoning will not negatively affect the City's current
level of service for mass transit, water, wastewater, solid waste, or recreation and open space.
The proposed FLUP and rezoning does not require nor affect the provision of public services in a
negative manner.
V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.]
Recommended Findings of Fact:
Prior to development of the subject property, site plan approval will be required. At that time, the
stormwater management system will be required to meet all City and Southwest Florida Water
Management District (SWFWMD) stormwater management criteria.
Staff Report - Community Development Board - July 19, 2005 - Case LUZ2005-04006
Page 6
Recommended Conclusions of Law:
Water quantity and quality will be controlled in compliance with the Clearwater Comprehensive
Plan. As there are no wetlands on the subject site that could be impacted by future development,
the natural environment will not be affected adversely.
VI. LOCATION OF DISTRICT BOUNDARIES [Section 4-602 .F.6.]
Recommended Findings of Fact:
The location of the proposed Commercial (C) District boundaries are logical based on the
proposed use of this property. It limits the use of this portion of the site and consolidates this site
into the appropriate zoning district. It will blend into the existing Commercial (C) District to the
north and will end the commercial area at the intersection of Sunnydale Boulevard and Belcher
Road, which will serve as an appropriate southern boundary. The site is also consistent with the
Office (0) district to the east.
Recommended Conclusions of Law:
The district boundaries are appropriately drawn in regard to location and classifications of streets
and ownership lines.
VII. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT
CODE AND CITY REGULATIONS [Sections 2-701.1. & 4-602.F.1. and .2.]
Recommended Findings of Fact:
The existing future land use plan category and zoning district permit a floor area ratio of 0.65 and
an impervious surface ratio (ISR) of 0.85. The proposed Commercial General (CG) land use
category and Commercial (C) district permits a floor area ratio of 0.55 and an ISR of 0.95.
Under the current Commercial (C) zoning district provisions, a minimum lot width of 100 feet
and a minimum lot area of 10,000 square feet are required. The size of the subject site is 21,736
square feet in area and is 112 feet in width.
Recommended Conclusions of Law:
The proposed use of this property as professional office space is consistent with the uses allowed
as part of a Level One Minimum Standard Development use in the Commercial (C) zoning
district. The subject property exceeds the City's minimum Commercial (C) District's
dimensional requirements and is therefore consistent with the Community Development Code.
Approval of this land use plan amendment and zoning district designation does not
guarantee the right to develop on the subject property. Transportation concurrency must be
met, and the property owner will have to comply with all laws and ordinances in effect at the
time development permits are requested.
SUMMARY AND RECOMMENDATIONS
An amendment of the FLUP from the Industrial Limited (IL) category to the Commercial
General (CG) category and a rezoning from the Industrial, Research, Technology (IRT) District
Staff Report - Community Development Board - July 19,2005 - Case LUZ2005-04006
Page 7
to the Commercial (C) District for the subject site is requested. This 0.499-acre site exceeds the
minimum requirements for the proposed use of the property for professional office
improvements. Industrial uses to the west, retail uses to the south and medical offices to the east
surround the neighborhood. The proposed future land use plan amendment and rezoning is
compatible with the existing neighborhood. The proposed changes are in conformance with the
Clearwater Comprehensive Plan.
Based on the recommended findings of fact and recommended conclusions of law, the Planning
Department recommends the following actions:
a) Recommend APPROVAL of the Future Land Use Plan amendment from the Industrial
Limited (IL) Classification to the Commercial General (CG) Classification; and
b) Recommend APPROVAL of the rezoning from the Industrial, Research, Technology (IRT)
District to the Commercial (C) District.
Prepared by Planning Department staff:
Sharen J arzen, Planner III
Attachments:
Application
Location Map
Aerial Photograph of Site and Vicinity
Land Use Plan Map
Zoning Map
Existing Surrounding Uses
Site Photographs
Staff Report - Community Development Board - July 19, 2005 - Case LUZ2005-04006
Page 8
Location Map
Owner Pappas and Sons. LLC Case: LUZ2005-04006
Site: 1822 North Belcher Road Property 0.499
Size (Acres):
Land Use Zoning
PIN: 01- 29- 15-55950-000-0020
From: IL IRT
To: CG C Atlas Page: 262B
Aerial Photograph
Owner Pappas and Sons. LLC Case: LUZ2005-04006
Site: 1822 North Belcher Road 0.499
Land Use Zoning
PIN: 01-29-15-55950-000-0020
From: IL IRT
To: CG C A tlas Page: 262B
r---,
I I
I
L rl
'" J U
o 2 4 6 0
] ~ I
. >{\ 0 {~
,~~n
[J~ U
z-JO~~
D )llL
(~
o
1834
,~,~
CG
'2
SUNNYDALE
214
5 5
[ ~ -l L;] "" 1801
~1811
1799 ~
[-~ 1802 U 1811
Future Land Use Plan Map
Owner Pappas and Sons, LLC
Case:
LUZ2005-04006
Site: 1822 North Belcher Road
0.499
Land Use
Zoning
PIN: 01-29-15-55950-000-0020
From:
IL
IRT
To:
CG
C
Atlas Page:
262B
I " I -~I
I I I
I I ---L__-________...:---I
1_1.._..._'" .-__,
,,^, I I
,/ '> r L.t
'....., ',I I
/ "L. r
',...., (', l___J
,,/\ 1\"'....",
(........" (, ",
21 ~/'~ 111rj[)~/, /)
,---....- "", ',/,) "
\ I 1" ~'
I I I ' '"'
... I 1 I )
--, I I r-- I ',/
...._J '-_ 1_-, '../
--U.Q1
~,
I
L___J
.
rJ
I
-,
r
I
\
r"
1, L
- I
L__..J
I I
L-'--________JJ
C
r,--l
I~ I
,- l
I' 1
I I
1 I
r" I
I ,-
J '-I
L.__..J
J--l_-... "'-1 ~- ,_, oJ'" .-_ ,.._
....J - II-\._ ...r-, Il...!' L_--_J I_--....J I
I, II L
---___r---J l-l_--,,",__I L-L. J
,-------,
I
I
I
I
I
1
I
I
I
I
I
I
I
I
I
o (q-"'-""'tC5'""-J
'q- ~ ~ 'lit
t!\; N ~ ~
10
"
N
--------,
1
L
I
I
I
I
1
I
I
I
I---J
-Lr--
,----,
I 1
I I
I I
I I
I I
I I
I I
L__~_I
N
ifs45-
I, r
I I
1__J
r---,
I 1
I I
I I
I 1
l___oJ
~---, 1834
I I
I I,
r I
rJ I
I ,J
~_~.!'-_I
p--
J r
I rl
L__I
18:r.r
J 1
L J.J
tBf'i'-
1
~ 1
L__r"
r11J2t-
I
I, I"
LJ
rt9t6-
(
I I"
L_"'!
,---,
I ~I
1 L.l
L___J
1809
,-----1
1 1
1 I
I 1
~-----J
N
1831
C 2
SUNNYDALE BL VD
10
<0
N
r-------~___-------I
I I
I I
l__________________J
1"--"'-',
, I
I I
1___, I
I I
1 I
,__,
1810
Zoning Map
Owner Pappas and Sons. LLC Case: LUZ2005-04006
Site: 1822 North Belcher Road Property 0.499
Size (Acres):
Land Use Zoning
PIN: 01-29-15-55950-000-0020
From: IL IRT
To: CG C Atlas Page: 262B
~ J
[--.oJ
n
U
r-Joe-~
I ri DC]
LJ I d~st~i In
214 ~ J17
o 2 4 6 o~--J
]
~ '^> ('\ D
)' ? '
,f~ul~Y). . y
2 (,Jl~id~~~
CJ ~~ "v
1834
a:::
Q
ILl
..,J
..,J
s
~ .
..,J
(!)
1822
~ 18~~1
"" !C::r o~
~~
~
214
5 5
SUNNYDALE
[__~-l
[;J "" ~ 1801 D
1809
Re I to
P! ~1811
,m ~
0 U Ofn 1
1802 ifi
::0
~
Existing Surrounding Uses Map
Owner Pappas and Sons, LLC
Site: 1822 North Belcher Road
Land Use
From:
IL
To:
CG
Case:
Property
Size (Acres):
LUZ2005-04006
0.499
Zoning
PIN: 01-29-15-55950-000-0020
IRT
C
Atlas Page:
2626
,.,.,. .
"':i:"
~
. ,}</' ~'.
~. "
~~,~'\j:: ~.
_"''";C""' ,,;
:'''~ .
~
.,i itF; :ft'.,
..... ~.j
i<'~
i4?/.,
,".-..
'f.'''''
~
VJ
V
~
~
~
:::l
o
VJ
g!J
~
o
o
(j)
Q)
1
t
c
~
~
.::
,..:.,:::
o
o
~
Q)
~
u
,/
>
~
r:.n
('j ;....
Q)
~j 11)
,..:.,::: ~
0 ()
C .....---i '..D
~ 11) 0
0
CJ ~ "i" lrJ
> 0 C
I 0
N "0 lr) ('1
~
'-'
N ro 0 00
('1
00 0 N >-,
~ ~ :J C'j
~
,-
-
'::
-- -'
V) 0
CJ [f)
;,.... ClfJ
,... r::
::;[j :;2
r::
~ 0
0 0
0 ~
~ 11)
I"J >
>
1)
>
'..-.- <r:
0
c 0
::;f) .-
,- H 0 ~;
. ~ 0 C
(/) 0 -
0 , ---
M N
tn U') c <
U') 0 rr'l
~ N
'- 0... .~
~ :E ,.., 0..
..-
.,...-01 <( <(
q,T
~...~
Q~
City Council
're,~""""",~!,!!~a c;~~~~r 1\1 el!!9r:!!.!!,!!!!,!!!",<o",__~"",__"""""""",,,",,,,,,_,,_,,,",."",,,,,,,,,,,,,,,,,,___
Tracking Number: 1,489
Actual Date: 08/15/2005
Subject / Recommendation:
Approve the Future land Use Plan Amendment from the Industrial Limited (Il) category to the
Commercial General (CG) category and Zoning Atlas Amendment from the Industrial, Research,
Technology (IRT) District to the Commercial (C) District for property located at 1834 North
Belcher Road (lot 1, Mathews/Nielsen Replat) and Pass Ordinance 7467-05 & 7468-05 first
reading.
(lUZ2005-03005)
Summary:
The subject site is comprised of one parcel of land totaling 1.58 acres located at 1834 North
Belcher Road. It is located on the west side of North Belcher Road approximately 100 feet north
of Sunnydale Boulevard and 600 feet south of Sunset Point Road.
The applicant is requesting to amend the Future land Use Plan Map designation of this site from
the Industrial Limited (Il) category to the Commercial General (CG) category and to rezone it
from the Industrial, Research, Technology (IRT) District to the Commercial (C) District in order
to re-establish a restaurant within the existing 6,217 square foot building. The historical use of
the site and building has been as a restaurant.
The Planning Department determined that the proposed future land use plan amendment and
rezoning applications are consistent with the following standards specified in the Community
Development Code:
The proposed land use plan amendmentand rezoning application are consistent with
the Comprehensive Plan.
The proposed use is compatiblewith the surrounding area.
Sufficient public facilities are availableto serve the property.
The applications will not have anadverse impact on the natural environment.
Please refer to the attached land use plan amendment and rezoning (lUZ2005-03005) report for
the complete staff analysis.
In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the
approval of the Pinellas Planning Council and the Board of County Commissioners acting as the
Countywide Planning Authority. Review and approval by the Florida Department of Community
Affairs is not required.
The Community Development Board reviewed these applications at its public hearing on July 19,
2005 and unanimously recommended approval of the application.
Originating: Planning
Section Quasi-judicial public hearings
Category: Annexations, land Use Plan and Zoning
Number of Hard Copies attached: 0
Public Hearing: Yes
City Council
Cover Memorandum
~a. ......fm .~Qte1fAf
u~
Advertised Dates:
07/03/2005
Financial Information:
Review Approval
Gina Clavton
Leslie DouQall-Sides
07-22-2005 16:38:28
08-05-2005 14:27:20
07-25-2005 11 :48:23
08-04-2005 13:57:21
07-26-2005 16: 12:47
08-04-2005 16:48: 13
Cvndie Goudeau
Michael Delk
Garrv Brumback
Bill Horne
---,
ORDINANCE NO. 7467-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE
LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY
LOCATED ON THE WEST SIDE OF NORTH BELCHER ROAD
APPROXIMATELY 100 FEET NORTH OF SUNNYDALE
BOULEVARD AND 600 FEET SOUTH OF SUNSET POINT
ROAD, CONSISTING OF LOT 1, MATHEWS/NIELSEN REPLAT,
WHOSE POST OFFICE ADDRESS IS 1834 NORTH BELCHER
ROAD, FROM INDUSTRIAL LIMITED TO COMMERCIAL
GENERAL; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property as follows:
Property Land Use Cateoorv
Lot 1, Mathews/Nielsen Replat, according From: Industrial Limited
to the map or plat thereof, as recorded in To: Commercial General
Plat Book 109, Page 36, Public Records of
Pinellas County, Florida.
(LUZ2005-03005)
Section 2. The City Council does hereby certify that this ordinance is consistent with
the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, subject to the
approval of the land use designation by the Pinellas County Board of County Commissioners,
and subject to a determination by the State of Florida, as appropriate, of compliance with the
applicable requirements of the Local Government Comprehensive Planning and Land
Development Regulation Act, pursuant to 9 163.3189, Florida Statutes. The Community
Development Coordinator is authorized to transmit to the Pinellas County Planning Council an
application to amend the Countywide Plan in order to achieve consistency with the Future Land
Use Plan Element of the City's Comprehensive Plan as amended by this ordinance.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7467-05
ORDINANCE NO. 7468-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY REZONING
CERTAIN PROPERTY LOCATED ON THE WEST SIDE OF
NORTH BELCHER ROAD APPROXIMATELY 100 FEET NORTH
OF SUNNYDALE BOULEVARD AND 600 FEET SOUTH OF
SUNSET POINT ROAD, CONSISTING OF LOT 1,
MATHEWS/NIELSEN REPLAT, WHOSE POST OFFICE
ADDRESS IS 1834 NORTH BELCHER ROAD, FROM
INDUSTRIAL RESEARCH TECHNOLOGY TO COMMERCIAL;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is
found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive
Plan; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and
the zoning atlas of the City is amended as follows:
Property
Lot 1, Mathews/Nielsen Replat, according
to the map or plat thereof, as recorded in
Plat Book 109, Page 36, Public Records of
Pinellas County, Florida.
(LUZ2005-03005)
Zoninq District
From: Industrial Research Technology
To: Commercial
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, subject to the
approval of the land use designation set forth in Ordinance 7467-05 by the Pinellas County Board
of County Commissioners, and subject to a determination by the State of Florida, as appropriate,
of compliance with the applicable requirements of the Local Government Comprehensive
Planning and Land Development Regulation Act, pursuant to 9163.3189, Florida Statutes.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7468-05
CDB Date:
Case Number:
Owner/Applicant:
Representative:
Address:
Agenda Item:
July 19.2005
LUZ2005-03005
Dimitrios and Anna Loukataris & Pappas and Sons. LLC
George G. Pappas
1834 North Belcher Road
G-l
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION
REQUEST:
(a) Future Land Use Plan amendment from the Industrial
Limited (IL) Classification to the Commercial General
(CG) Classification; and
(b) Rezoning from the Industrial, Research, Technology
(IRT) District to the Commercial (C) District.
SITE INFORMATION
PROPERTY SIZE:
68,920 square feet or 1.58 acres
(325 feet wide by 290 feet deep at its longest dimensions
for this "L" -shaped site)
PROPERTY USE:
Current Use:
Proposed Use:
Vacant restaurant
Restaurant
PLAN CATEGORY:
Current Category:
Proposed Category:
Industrial Limited (IL) Classification
Commercial General (CG)
ZONING DISTRICT:
Current District:
Proposed District:
Industrial, Research, Technology (IRT) District
Commercial (C)
EXISTING
SURROUNDING USES:
North: Self-storage (County)
South: Vacant & Office
East: Office
West: Manufacturing
Staff Report - Community Development Board - July 19, 2005 - Case LUZ2005-03005 Page I
ANALYSIS:
This Future Land Use Plan (FLUP) amendment and rezoning application involves one parcel of
land, approximately 1.58 acres in area located on the west side of North Belcher Road
approximately 100 feet north of Sunnydale Boulevard and 600 feet south of Sunset Point Road.
The site is currently occupied by a one-'story, vacant 5,000 square foot building previously used
as a restaurant. The site has a FLUP designation of Industrial Limited (IL) and is within the
Industrial, Research, Technology (IRT) District. Restaurants are not a permitted use within the
Industrial, Research, Technology (IRT) District. The applicant is requesting to amend the FLUP
designation of the site to the Commercial General (CG) classification and to rezone it to the
Commercial (C) District in which restaurants are a permitted use.
In accordance with the Countywide Plan Rules, the land use plan amendment is subject to
approval by the Pinellas Planning Council and Board of County Commissioners acting as the
Countywide Planning Authority.
I. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Section 4-603.F.1]
Recommended Findings of Fact:
Applicable Goals, Objectives and Policies from the Clearwater Comprehensive Plan in support
of the proposed land use plan amendment are as indicated below:
2.1 Objective - The City of Clearwater shall continue to support innovative planned
development and mixed land use development techniques in order to promote in:fill
development that is consistent and compatible with the surrounding environment.
2.2.1 Policy - On a continuing basis, the Community Development Code and the site plan
approval process shall be utilized in promoting infill development and/or planned
developments that are compatible.
3.0 Goal - A sufficient variety and amount of future land use categories shall be provided to
accommodate public demand and promote infill development.
5.1.1 Policy - No new development or redevelopment will be permitted which causes the level
of City services (traffic circulation, recreation and open space, water, sewage treatment,
garbage collection, and drainage) to fall below minimum acceptable levels. However,
development orders may be phased or otherwise modified consistent with provisions of
the concurrency management system to allow services to be upgraded concurrently with
the impacts of development.
Recommended Conclusions of Law:
The proposed plan amendment is not in conflict with any Clearwater Comprehensive Plan Goals,
Objectives or Policies, and is consistent with the Clearwater Comprehensive Plan.
Staff Report - Community Development Board - July 19, 2005 - Case LUZ2005-03005
Page 2
II. CONSISTENCY WITH COUNTYWIDE PLAN
Recommended Findings of Fact:
The purpose of the proposed Commercial General (CG) category, as specified in Section
2.3.3.5.4 of the Countywide Rules, is to designate areas in the County that are now developed, or
appropriate to be developed, in a manner designed to provide community and countywide
commercial goods and services; and to recognize such areas primarily consistent with the need,
relationship to adjoining uses and with the objective of encouraging a consolidated, concentrated
commercial center providing for the full spectrum of commercial uses. The Commercial General
(CG) category is generally appropriate to locations in and adjacent to activity centers where
surrounding land uses support and are compatible with intensive commercial uses; and in areas in
proximity to and with good access to major transportation facilities, including mass transit. This
property is in close proximity to the Belcher/Sunset Point intersection, which is a commercial
node. Therefore, the proposed use of the property is consistent with the purposes of the
Commercial General (CG) category that permits restaurants.
Belcher Road from Sunset Point Road south to a point just south of Gulf to Bay Boulevard has
been designated as an Enhancement Connector for the Scenic/Non-Commercial Corridor Master
Plan for the County. This designation was recommended for traffic corridors that do not
demonstrate qualities that would warrant their inclusion within the program. These are areas
characterized by an existing or evolving pattern of land uses that are not exclusively non-
commercial, including the respective plan categories within the Residential, Mixed Use,
Commercial, Industrial, or Public/Semi-Public plan classifications shown on the Countywide
Future Land Use Plan. However, in order to provide continuity of corridor designation, these
segments were included with the intent to recommend their visual enhancement. Consequently,
if the site is further developed, the landscaping should be designed to be in conformance with the
Countywide Scenic/Non-Commercial Corridor Master Plan.
Recommended Conclusions of Law:
The proposed plan amendment is consistent with the purpose and locational characteristics of the
Countywide Plan and is consistent with the provisions relating to this portion of Belcher Road
that has been designated as an Enhancement Connector in the Scenic/Non-Commercial Corridor
Master Plan.
III. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE
CITY & NEIGHBORHOOD [Sections 4-602.F.2 & 4-603.F.3]
Recommended Findings of Fact:
A variety of non-residential uses characterize the immediate area on all sides including
manufacturing and other similar industrial uses to the west, offices to the east and south, retail to
the north and south and self-storage also to the north. The site is approximately 600 feet south of
Sunset Point Road, a moderately developed thoroughfare characterized by retails sales, and
service and office uses. Commercial General (CG) future land use plan classification is located
to the north, Residential/Office General (R/OG) to the east and Industrial Limited (IL) to the
south and west. A variety of non-residential uses including retail sales and service and office
Staff Report - Community Development Board - July 19,2005 - Case LUZ2005-03005
Page 3
dominate the land use to the north, south and east of the property, with industrial uses to the area
west of the property. There is a multi-family residential use to the northwest of the property
The proposed FLUP designation and rezoning are in character with the overall FLUP designation
in the area and are compatible with surrounding uses. The proposed Commercial General (CG)
classification is consistent with the historical use of the site as a restaurant, a use not permitted
within the Industrial, Research, Technology (IRT) District. Additionally, although the land use
and zoning change will entail a loss of industrial land in the City, the commercial use is more
compatible with the surrounding uses that front on Belcher Road.
Recommended Conclusions of Law:
The proposed plan and zoning atlas amendments are compatible with surrounding properties and
the character of the City and neighborhood.
IV. SUFFICIENCY OF PUBLIC FACILITIES
Recommended Findings of Fact:
As stated earlier, the overall subject site is approximately 1.58 acres in area and is presently
occupied by a single-story building approximately 5,000 square feet in area. The building,
currently vacant, has historically been used as a restaurant, most recently as the Roger's Real Pit
Bar-B-Que. The applicant is requesting to amend the FLUP designation of the site to the
Commercial General (CG) classification and to rezone it to the Commercial (C) District. The
Industrial Limited (IL) category permits a floor area ratio of 0.65 that would permit up to 44,736
square feet of gross floor area. The allowable development potential in the Commercial General
(CG) category is 24 units per acre or a floor area ratio of 0.55, which would allow up to 37,854
square feet to be constructed on the site.
Roadways
The accepted methodology for reviewing the transportation impacts of proposed plan
amendments is based on the Pinellas Planning Council's (PPC) traffic generation guidelines.
The PPC's traffic generation rates have been calculated for the subject site based on the existing
and proposed FLUP categories and are included in the next table that examines the maximum
potential traffic of the future land use plan amendment from the Industrial Limited (IL) to the
Commercial General (CG) classification.
Maximum Dail Added Potential Tri s
Maximum PM Peak Hour Added Potential Tri S3
Volume of North Belcher Road from Sunset Point Road to
NE Coachman Road
LOS of North Belcher Road from Sunset Point Road to NE
Coachman Road
N/A = Not Applicable LOS = Level-of-Service
29.492
29,761
30,227
466
C
C
C
C
I = Based on PPC calculations of trips per acre per day for the Industrial Limited Future Land Use Category.
2 = Based on PPC calculations of trips per acre per day for the Commercial General Future Land Use Category.
3 = Based on MPO K-factor of 0.095
Source: "The Rules" of the Countywide Future Land Use Plan
Staff Report - Community Development Board - July 19, 2005 - Case LUZ2005-03005
Page 4
Based on the 2003 Pinellas County Metropolitan Planning Organization (MPO) Level of Service
Report, the segment of North Belcher Road from Sunset Point Road to NE Coachman Road has a
LOS of C. Although the proposed FLUP category of Commercial General (CG) could generate
an increase in PM peak hour traffic on this segment of North Belcher Road by a total of 44 trips,
the traffic generated by this plan amendment is projected to be less than a one percent increase
and will not result in the degradation of the existing LOS to the surrounding road network.
Additionally, as the applicant intends to reestablish the same use as had existed previously, the
impact will be no more than what had existed in the past.
Traffic from the subject site will be distributed to North Belcher Road. The site is currently
accessed from the east via that roadway. The anticipated increase in PM peak trips will not
degrade the LOS for North Belcher Road.
Specific uses in the current and proposed zoning districts have also been analyzed for the level of
vehicle trips that could be generated based on the Institute of Transportation Engineer's Manual.
Existing Zoning (IRT) /Future Land Use Plan (IL)
General Light Industrial
(6.97 trips & 1.08 ave. rate/l,OOO sq. ft.)
44,736
312
N/A
48
N/A
s uare feet
Proposed Zoning (C) /Future Land Use Plan (CG)
Retail (40.67 trips & 4.93 average
ratell,OOO sq.ft.)
37,854
1,540
1,228
187
139
s uare feet
Restaurant (130.34 trips &
19.38 average rate/l ,000 sq.ft.)
6,217
810
498
120
72
s uare feet
The City of Clearwater Engineering Department has concluded that the transportation impacts
associated with this land use plan amendment will not result in the degradation of the existing
LOS to the surrounding road network, as the traffic generation associated with the proposed
amendment will not exceed four percent of the existing PM peak hour trips and will not change
the LOS in that section of North Belcher Road if the site were ever used as a retail use.
However, as the site is proposed to be reused as a restaurant, this reuse will have no impact on
the peak hour trips as the current LOS figure utilized includes the site's use as a restaurant. In
addition, no impact to the operational efficiency of the signalized intersections within the subject
area is anticipated by the proposed amendment.
Mass Transit
The Citywide LOS for mass transit will not be affected by the proposed plan amendment. The
total miles of fixed route service will not change; the subject site is located along an existing
Staff Report - Community Development Board - July 19, 2005 - Case LUZ2005-03005
Page 5
transit route and headways are less than or equal to one hour. Pinellas Suncoast Transit
Authority (PST A) bus service is available along North Belcher Road.
Water
The current FLUP category could use up to 4,474 gallons per day. Under the proposed FLUP
categories, water demand could approach approximately 3,785 gallons per day. The proposed
land use will not negatively affect the City's current LOS for water.
Wastewater
The current FLUP category could produce up to 3,579 gallons per day. Under the proposed
FLUP categories, sewer demand could approach approximately 3,028 gallons per day. The
proposed land use amendment will not negatively affect the City's current LOS for wastewater.
Solid Waste
The current Industrial Limited FLUP category would result in the production of 89 tons of solid
waste per year. Under the proposed FLUP category, the proposed restaurant could generate 471
tons of solid waste per year. The proposed land use and plan amendment will not negatively
affect the City's current LOS for solid waste disposal.
Recreation and Open Space
The proposed future land use plan and zoning designations will permit the development of up to
37,854 square feet of gross floor area; however, as the use of the site is proposed to be limited to
a restaurant, payment of an Open Space, Recreation Land and Recreation Facility impact fee will
not be required at this time. Open Space, Recreation Land and Recreation Facility impact fees
will be required if the property is ever developed with residential uses. The amount and timing of
this fee is dependent on the number of developed units and will be addressed and paid during the
site plan review process.
Recommended Conclusions of Law:
It has been determined that the traffic generated by this plan amendment will not result in the
degradation of the existing LOS to the surrounding road network or the operational efficiency of
the signalized intersections.
It has also been determined that the amendment and rezoning will not negatively affect the City's
current level of service for mass transit, water, wastewater, solid waste, or recreation and open
space. Based on the findings above, the proposed FLUP and rezoning does not require nor affect
the provision of public services in a negative manner.
V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.]
Recommended Findings of Fact:
Although there are no plans now for further development of the subject property, in the event that
it occurs, site plan approval will be required. At that time, the stormwater management system
will be required to meet all City and Southwest Florida Water Management District (SWFWMD)
stormwater management criteria.
Staff Report - Community Development Board - July 19,2005 - Case LUZ2005-03005
Page 6
Recommended Conclusions of Law:
Water quantity and quality will be controlled in compliance with the Clearwater Comprehensive
Plan. As there are no wetlands on the subject site that could be impacted by future development,
the natural environment will not be affected adversely.
VI. LOCATION OF DISTRICT BOUNDARIES [Section 4-602 .F.6.]
Recommended Findings of Fact:
The location of the proposed Commercial (C) District boundaries are logical based on the
historical use of this property, and this rezoning will consolidate this site into the appropriate
zoning district. It will blend into the existing Commercial (C) District to the north. The site is
also consistent with the Office (0) district to the east.
Recommended Conclusions of Law:
The district boundaries are appropriately drawn in regard to location and classifications of streets
and ownership lines.
VII. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT
CODE AND CITY REGULATIONS [Sections 2-701.1 & 4-602.F.1. and .2.]
Recommended Findings of Fact:
The existing future land use plan category and zoning district permit a floor area ratio of 0.65 and
an impervious surface ratio (ISR) of 0.85. The proposed Commercial General (CG) land use
category and Commercial (C) district permits a floor area ratio of 0.55 and an ISR of 0.95.
Under the current Commercial (C) zoning district provisions, a minimum lot width of 100 feet
and a minimum lot area of 10,000 square feet are required. The size of the subject site is 68,920
square feet in area and is 325 feet in width. This site has historically been used as a restaurant,
and the future plan is to continue that type of use.
Recommended Conclusions of Law:
The proposed use of this property as a restaurant is consistent with the uses allowed as part of a
Level One Minimum Standard Development use in the Commercial (C) zoning district. The
subject property exceeds the City's minimum Commercial (C) District's dimensional
requirements and is therefore consistent with the Community Development Code.
Approval of this land use plan amendment and zoning district designation does not
guarantee the right to develop on the subject property. Transportation concurrency must be
met, and the property owner will have to comply with all laws and ordinances in effect at the
time development permits are requested.
SUMMARY AND RECOMMENDATIONS
An amendment of the FLUP from the Industrial Limited (IL) category to the Commercial
General (CG) category and a rezoning from the Industrial, Research, Technology (IRT) District
to the Commercial (C) District for the subject site is requested. This 1.58 acre site is compatible
Staff Report - Community Development Board - July 19, 2005 - Case LUZ2005-03005
Page 7
with the proposed use of the property as a restaurant, and the proposed future land use plan
amendment and rezoning is compatible with the existing neighborhood. This consists of multi-
family residential dwellings to the northwest, industrial uses to the west, a vacant lot to the south
and medical offices to the east. The proposed changes are in conformance with the Clearwater
Comprehensive Plan.
The Planning Department recommends the following actions on the request based on the
recommended findings of fact and recommended conclusions of law:
a) Recommend APPROVAL of the Future Land Use Plan amendment from the Industrial
Limited (IL) Classification to the Commercial General (CG) Classification; and
b) Recommend APPROVAL of the rezoning from the Industrial, Research, Technology (IRT)
District to the Commercial (C) District.
Prepared by Planning Department staff:
Sharen J arzen, Planner ill
Attachments:
Application
Location Map
Aerial Photograph of Site and Vicinity
Land Use Plan Map
Zoning Map
Existing Surrounding Uses
Site Photographs
S:IPlanning DepartmentlC D BILand Use AmendmentsILUZ 2005ILUZ2005-03005 1834 N Belcher Road KatarisILUZ2005-03005 Staff Report
with embedded spreadsheet. doc
Staff Report - Community Development Board - July 19, 2005 - Case LUZ2005-03005
Page 8
SETON
MONICA
FRANCIS
Location Map
Owner Dimitrios and Anna Loukataris & Pappas and Case: LUZ2005-03005
Sons, LLC
1834 North Belcher Road Property 1.58
Site: Size (Acres):
Land Use Zoning
PIN: 01-29- 15-55950-000-0010
From: IL IRT
To: CG C Atlas Page: 262B
Aerial Photograph
Owner
Dimitrios and Anna Loukataris & Pappas and
Sons, LLC
1834 North Belcher Road
Case:
LUZ2005-03005
Site:
1.58
Land Use
Zoning
PIN: 01-29-15-55950-000-0010
From:
IL
IRT
To:
CG
C
Atlas Page:
262B
r----., 1'1..J-1"l---...jL"L--LJ-L_,
I I: I
: I ---,__--_________--1
-1.._.......-- "'/'.", //', [--1
, ~" ~ 1 L1
/ <v (~ ., I I
( ",/" < '~~ r
,J ''')', L___.J
,,"'( " \..., ",
( ..... "....,,"'" ".." "
21 "f\V" , < >
" '... V',,,"
"', ',1'\
" /
, ~,
I" /
'....//
,--ml
I ",
RMJ
,..---'--:. ,....---....-,
: I I I
r .. I ,
LJ--LJ U---u
_-I-L..il_-",,,,,.r-Lr'l_,,,..!-L,..., rl.J...L---....r-L---...I-1
II II I,
__-----~_,..---J 1-1_-,""--1 L___ _______-'-J
-,
I
I
,
I
I
1
r
1
~L
I
1
I
I
_I
,....------,
,---,
1 I
I I
I I
1 I
l___oJ
,----1
I I
I I
I I
1 1
1 1
I I
1 1
L--O-I
'"
1\j
'-----1
I I
I I
I I
k------J
1\j
~ ",_;_,,-_1
~ ~ ~ ~
;I;
1\j
SUNNYDALE BL VD
...,
...
1\j
r---------I
I I
I ,
r I
1 I
I 1
I 1
1 1
I I
I I
I I
\ I---J
L--1 r--
_J
~
1\j
,..-------~----------I
I I
, I
1 I
L__________________~
,..--------------1
I 1
I 1
L---1L-_______J
!...I I L---",-__J
, 1
I 1
, I
," I
1 1
-I 1
, I
I 1
, 1
~...t 1
"'1 C
L__J
1
1
1
1
1-- I
L-L________.rJ
~---I
I, J
I" ,
L l
II I
1 1
, I
r" I
1 ,-
~ "'I
___.J
~---I
: I
1 I,
r 1
rJ 1
I IJ
1_....-1"--1
CG J4
1822
~
It
Q
Ll.I
....,
;::!
:s;
ifi
....,
(!)
1831
6t;]
~
1810
1'__1'-"
I 1 1801
I I
1___, I Q
I I
I I It
'-_I iii 1799
1802 ~
irl
CO
:t
MANOR BL VD N
Future Land Use Plan Map
Owner
Dimitrios and Anna Loukataris & Pappas and
Sons, LLC
Site:
1834 North Belcher Road
Land Use
From:
IL
To:
CG
Case:
LUZ2005-03005
Property
Size (Acres):
Zoning
IRT
C
Atlas Page:
1.58
PIN: 01-29-15-55950-000-0010
262B
I
L~ L'-"~ l · j
~, /'(\0 L~
t~,~l0 f(
nr~l' '~ ~ J
w lr--LJ ~/ G
- ~:JOt:~J
,I D{J
'" "LJ 0 0
4 0 246 0 0
1834
c
,~, !f
~ ,;"
~
1822
LE
214 5
5
I-~--l t'J 1810
[-I N
I I B
~ E
C--l C
1802 H
---
E
~
MANOR BLVD
Zoning Map
I
CJ~~~Yl ~ I
<: R~itkrltia I 1 ~. J
,... ''-' '\. I [--.J
o ~ \" ~
L ,~~ v 1 J
CJc=J"\} L
_ ~:JOC:~L4
~Jd strial 0 11
I 'n L......---'
'" "LJ ~ D
4 0246 0 0
[~In~s rfay~-l Re~n 1810 :c:
tD 1801
J!!
f ce ~
1799
U L_-=-_J ~
1802 ::tJ
tJ
SUNNYDALE BL VD
214
5
5
-rR;t~ilmr
~
1834
a:::
Q
~ 1
~
:s
~
...,J
Cl
1831
1822
~ 831,
~ 1831
EtBJ
~
1
22
MANOR BL VD N
Existing Surrounding Uses
Dimitrios and Anna Loukataris & Pappas and
Sons, LLC
1834 North Belcher Road
Owner
Site:
Land Use
From:
IL
To:
CG
Case:
LUZ2005-03005
Property
Size Acres):
1.58
Zoning
PIN: 01-29-15-55950-000-0010
IRT
C
Atlas Page:
262B
1-
!
/
~
"
.r
;.:
':)
.->
,
.~
z
....-
1)
M
..........
\1'1
~.::t
--
---
L
"
,.-'
..)
,-'
("Ii
(~~'" ;
c.!)
,,~
.~
-
~
~
2:,
~'"''"-'...
10, J
~~
u~
City Council
Cover Memorandum
Tracking Number: 1,510
Actual Date: 08/15/2005
Subject / Recommendation:
Adopt Ordinance 7490-05 on second reading, amending the code of ordinances relating to traffic
and motor vehicles by creating Section 30.040, Parkin in Revenue Generating City Parking Lots,
Garages, and Other City Property; and amending sections in Chapter 30 Division I, and sections
in Article II, Division 3.
Originating: City Attorney
Section Second Readings - public hearing
Category: Second Reading
Public Hearing: Yes
Advertised Dates: 07/31/2005
Financial Information:
Review Approval
Pam Akin
08-03-2005
13:25:51
Cvndie Goudeau
08-04-2005
10:39:35
I~'. \C)' \
ORDINANCE NO. 7490-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE CODE OF ORDINANCES RELATING TO TRAFFIC
AND MOTOR VEHICLES, CHAPTER 30, ARTICLE II, STOPPING,
STANDING, AND PARKING, DIVISION 1 , GENERALLY, BY CREATING
SECTION 30.040 PARKING IN REVENUE GENERATING CITY
PARKING LOTS, GARAGES AND OTHER CITY PROPERTY;
AMENDING SECTIONS IN DIVISION 1, GENERALLY; AND AMENDING
SECTIONS IN ARTICLE II, DIVISION 3, PARKING METERS;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Public Works Administration/Parking System of the City of
Clearwater, Florida, desires to improve the effectiveness of the parking
enforcement program, and to improve the economic performance of the
administration of the program;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Chapter 30, Traffic and Motor Vehicles, Article II, Stopping,
Standing and Parking, Division I, Generally, is amended by creating the following
Section 30.040, Parking in revenue generating city parking lots, garages and
other city property:
ARTICLE II. STOPPING, STANDING AND PARKING
DIVISION 1. GENERALLY
Sec. 30.040. Parkina in revenue aeneratina city parkina lots. aaraaes and
other city property.
(1) It is unlawful for any person to remove a vehicle from any city owned
or operated parkina lot. aaraae or property after the person shall have
parked thereon without first payina the attendant. activatina an access or
smart card. or depositina the proper amount of money in a parkina meter
or for any person to make any attempt thereof to defraud the city.
(2) It is unlawful to alter or duplicate. damaae or destroy an access or
smart card. spitter ticket. permit. taa. placard or decal used for parkina
control issued by the parkina division or to make any attempt thereof to
defraud the city.
(3) No motorcycle shall enter into a parkina aaraae or oft-street parkina
lot which is posted "No Motorcycles."
(4) It is unlawful to stop, stand or park in city owned or operated parkina
lots. aaraaes or other city properties that are reserved for monthly parkina
Ordinance No. 7490-05
without properly displayina appropriate documentation of payment for
parkina privileaes for the current period (hanataa, decal. placard. etc.).
Section 2. Chapter 30, Traffic and Motor Vehicles, Article II, Stopping,
Standing and Parking, Division I, Generally, Sec. 30.042. Near intersections and
crosswalks is amended as follows:
Notwithstanding the provisions of F.S. 9316.1945, parking shall be permitted
within 20 feet of an intersection or a crosswalk where the traffic enginoer City
Enaineer. or desianee. of the city has posted signs or installed meters
authorizing such parking.
Section 3. Chapter 30, Traffic and Motor Vehicles, Article II, Stopping,
Standing and Parking, Division I, Generally, Sec. 30.043. Placement of motor
vehicle in parking space is amended by revising Sec. 30.043 as follows:
illAny motor vehicle parked in any parking space in any publicly owned or
operated parking lot or publicly owned parking garage shall bo positionod with
the front end of such '.'ohicle facing into the parking spaco and the roar of such
vehicle facing outward and at all timos shall be parked within the lines marked on
the pavement. curb or ground for such parking space so as not to occupy more
than a single parking space. Each space shall be limited to no more than one
motor vehicle per parking space.
(2) No truck. tractor truck or trailer shall OCCUpy more than one (1) parkina
space where desianated. except while actively loadina or unloadina and
while all meters used have been properly activated and I or when proper
parkina permits have been obtained and are displayed or except in cases
of emeraency.
(3) When an authorized section of pavement is marked with cross-hatched
pavement markinas or otherwise indicatina a safety zone it shall be a
violation for any person to stoP. stand or park any motor vehicle in such
safety zone.
Section 4. Chapter 30, Traffic and Motor Vehicles, Article II, Stopping,
Standing and Parking, Division I, Generally, Sec. 30.045. Handicapped parking
spaces.
(1) No person shall stop, stand or park a vehicle within any specially
designated and marked space, which is marked as provided in F.S 99
316.1955 and 316.1956, unless such vehicle displays a parking permit
issued by or recognized by the state for special handicapped parking
privileges and is transporting a person eligible for the parking permit, or
unless such vehicle is chauffeuring a disabled person and is making a
momentary stop to load or unload such disabled person.
2
Ordinance No. 7490-05
(2) As provided in F.S. 316.1964 When an on-street parkina meter
restricts the duration of time that a vehicle may be parked. a
vehicle properly displayina a disabled parkina permit is allowed a
maximum of 4 hours at no charae: however. the vehicle is subiect
to ticketina for parkina in excess of any posted time limits.
3) As provided in F.S. ~316.1964 When an off-street parkina meter
restricts the duration of time that a vehicle may be parked, a
vehicle properly displayina a disabled parkina permit is subiect to
ticketina for parkina in excess of the posted time limits.
~ Ml Any person who violates this section shall be guilty of a noncriminal traffic
infraction and subject to a fine as set forth in section 30.057 30.061.
Section 5. Chapter 30, Traffic and Motor Vehicles, Article II, Stopping,
Standing and Parking, Division I, Generally Sec. 30.046. Obedience to parking
signs during certain hours.
(1) When signs are erected in each block or public parking lot giving notice
thereof, it shall be unlawful for any person to park a motor vehicle for longer than
such time as is designated by such signs, between the hours of 8:00 a.m. and
6:00 p.m. of any Elay.
Section 6. Chapter 30, Traffic and Motor Vehicles, Article II, Stopping,
Standing and Parking, Division I, Generally, Sec. 30.048. Advertising or selling
from vehicle is amended as follows:
It shall be unlawful for any person to operate or park on any street or any city
owned or operated parkina lot. aaraae or other property any vehicle for the
primary purpose of advertising or for the sale of any merchandise or anything of
value unless a permit therefore is first obtained from the chief of police.
Section 7. Chapter 30, Traffic and Motor Vehicles, Article II, Stopping,
Standing and Parking, Division I, Generally, Sec. 30.050. Parking vehicle to
make repairs is amended as follows:
(1) No vehicle, trailer, or machine of whatever kind shall be remodeled, restored
or repaired on any street, highway, alley, any city owned or operated parkina
lot. aaraae or other property. or other roadway. This section shall not apply to
the performing of certain unanticipated emergency repairs such as tire changing
or fuse replacement when such repair can be performed without unreasonably
obstructing traffic or otherwise creating a safety hazard to the operator or
occupants of the disabled vehicle and other vehicular traffic using the roadwaY!1
or any city owned or operated parkina lot, aaraae or other property.
3
Ordinance No. 7490-05
(2) It shall be unlawful for any person to stand or park a vehicle upon any street
or right-of-way or any city owned or operated parkina lot. aaraae or other
property for the principal purpose of:
(a) Displaying such vehicle for sale;
(b) Washing, greasing or repairing such vehicle, except repairs necessitated by
an emergency may be made.
Section 8. Chapter 30, Traffic and Motor Vehicles, Article II, Stopping,
Standing and Parking, Division I, Generally, Sec. 30.055 is amended by creating
the following:
Sec.30.055. Inoperative vehiclesl vehicles with altered or expired license
taas on public property.
(1) Definition. "Inoperative vehicle" means a vehicle that is in a state of disrepair
and incapable of being moved under its own power, or a vehicle that is incapable
of being operated lawfully on the streets of the state. A vehicle shall be deemed
inoperative if a current registration tag, also known as a license plate, of a kind
required under state law as a condition of operation upon the public streets is not
affixed thereto, or if one or more parts which are required for the operation of the
vehicle are missing, were dismantled, are inoperative, or are not attached to the
vehicle as designed.
(2) Prohibition. It shall be unlawful for any person to keep, store, park, or allow to
remain any inoperative vehicle on public property, including street right-of-way,
longer than 24 hours.
(3) Altered or Expired License Taos. It is unlawful for any vehicle to be
stopped. standina or parked in any city owned or operated parkino space.
parkina lot or other parkina facility or property if such vehicle is not
licensed in accordance with the laws of the state. if it displays a license taa
that is expired or altered such that a person cannot reasonably discern the
complete license tag number or if it does not displav a valid license tag.
Section 9. Chapter 30, Traffic and Motor Vehicles, Article II, Stopping,
Standing and Parking, Division I, Generally, Sec. 30.059. Notice of illegally
parked, stopped or standing vehicle is amended as follows:
Whenever any motor vehicle without a driver is found parked, stopped or
standing in violation of this article or any other provision of this chapter, the
officer finding the vehicle shall take its registration number and may take any
other information displayed on the vehicle which may identify its user, and shall
conspicuously affix to the vehicle a parking ticket in writiAg in electronic format
or in writina on a form provided therefor!, for the registered owner to pay the
fine listed thereon within seven days fifteen (15) calendar days of the date of
the infraction or to answer the charge against him within seven fifteen (15)
4
Ordinance No. 7490-05
1--
calendar days of the date of the infraction days by contacting the traffic
division desianated parkina violation processing services office at the
plase location specified on the parking ticket.
Section 10. Chapter 30, Traffic and Motor Vehicles, Article II, Stopping,
Standing and Parking, Division I, Generally, Sec. 30.060 is amended as follows:
Sec. 30.060. Penalties I Warning letter upon failure to comply with ticket.
ill If a violator of the provisions of this article does not respond to the parking
ticket affixed to the motor vehicle by paying the fine listed thereon or by
contacting the traffic di~/ision desianated parkina violation processina
services office specified on the parking ticket within a period of seven fifteen
(15) calendar days of the date of the infraction, the clerk of ttle court
desianated parkina violation processina services office. having jurisdiction
of the subject matter shall, follov:ing the expiration of an additional 24 hour
period, send the registered owner to whose vehicle the parking ticket was affixed
a warning letter informing the registered owner of the violation and the fact that
the fine has increased to $30.0g a penalty of $10.00 has been assessed for
the violation to cover additional administrative costs, except for fines for
violations involving handicapped parking which shall remain at the amount
established in section 30.057(7). 30.061. The '::arningletter shall inform the
registered o',,'":ner that if the increased fine is not paid within ten days, ttle
clerk of the county court shall issue a summons to the registered G.....ner to
appear in county court for an arraignment. If the fine indicated on the
parkina ticket is not paid within 30 days (in addition to the penalty
assessed after 15 days in the precedina sentence hereof) an additional
penalty of $15.00 will be assessed for the violation to cover additional
administrative costs. The desiQnated parkina violation processina
services office will issue UP to two (2) additional late notices to the
reaistered owner. After 80 days the unpaid ticket will be considered a
delinQuent account and will be handled throuah the delinQuent collection
services division of the desianated parking violation processina services
office.
(2) The designated parkina violation processina services office shall
supply the State of Florida department of Hiahway Safety and Motor
Vehicles with a maanetically encoded computer tape reel or cartridae.
which is machine readable by the installed computer system at that
department, listing persons who have three (3) or more outstandina
parkina violations or who have any outstandina violations of F .5. 316.1955.
(3) Contestina a Violation. Any person who wishes to contest the validity
of the violation may reQuest a court hearina by contactina the desianated
parkina violation processina services office within fifteen (15) calendar
days of the date of the infraction. A COpy of the parkina violation must be
included with the completed reQuest form for a court hearina. Upon such
5
Ordinance No. 7490-05
reauest, a summons for a court appearance will be issued to confirm the
time and date of the court hearina.
~) Ticket Cancellation. The City's desianee will establish and maintain a
parkina ticket cancellation proaram. Tickets may be cancelled in lieu of
court appearance and dismissal by the desianee when the complainant has
a valid complaint. A valid complaint may include but not be limited to an
improperly written ticket or a malfunctionina meter.
Section 11. Chapter 30, Traffic and Motor Vehicles, Article II, Stopping,
Standing and Parking, Division I, Generally, Sec. 30.061. Fines is amended as
follows:
Any person who violates any of the provisions of this article shall be subject,
upon conviction, to a fine as follows:
(1) Overtime parking, whether metered or unmetered . . . . . $ 10.00 J15.00
(2) Improper parking. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .4-&:00 J20.00
(3) Double parking. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .4-&:00 J20.00
(4) No parking zone, including but not limited to parking without permit, near
fireplug, in reserved space, in alley, on sidewalk, near railroad, near intersection,
in driveway, loading zone, taxi stand, over curb in parkway. . 15.00 J20.00
(5) Motor running, no attendant. . . .. .................. ~ J15.00
(6) Keys in ignition. . . .. ............................ ~ J15.00
(7) Stopping, standing, or parking a vehicle within a parking space designated for
persons who have disabilities without displaying a disabled parking permit. . . . .
250.00
(8) Any other violation of this article. . . .. ................ 4-&:00 J20.00
(9) In addition to the other penalties provided for herein there is hereby imposed
a surcharge of $5.00 on all parking fines to be used for funding a school crossing
guard program. This surcharge shall be paid by the desianated parkina
violation processina services office clerk of the circuit court into the school
crossing guard trust fund, a special revenue fund maintained by the city. Funds
collected from this surcharge shall be distributed quarterly to fund a school
crossing guard program as authorized by Section 316.660(3), Florida Statutes
Section 12. Chapter 30, Article II, Division 3, Parking Meters, is
amended as follows:
DIVISION 3. PARKING METERS I REVENUE CONTROL EQUIPMENT
Sec. 30.091. Definition.
The word "vehicle" as used in this division shall mean any device in, upon or by
which any person or property is or may be transported upon a street, except
those operated on rails or tracks.
6
Ordinance No. 7490-05
Section 13. Chapter 30, Article II, Division 3, Parking Meters, Sec.
30.092. Establishment of areas is amended as follows:
In accordance with the provisions of this division, the city manager is authorized
to establish areas, both on:street and off:street, where fees must be paid for
parking and to designate the manner in which the fees are to be collected.
(Code 1980,9121.31)
Section 14. Chapter 30, Article II, Division 3, Parking Meters, Sec.
30.093 is amended as follows:
Sec. 30.093. Installation of parkina meters: operation. Installation; operation.
(1) When parking meters are installed, the city manager shall place such parking
meters in appropriate locations relative to each parking space. Each parking
meter shall be so set as to show or display a signal that the lawful parking period
has expired.
(2) The city manager shall provide for the regulation, control, operation and use
of the parking meters provided for in this section and shall maintain such meters
in good workable condition. Each parking meter shall be so set as to display a
signal showing legal parking upon the deposit of coins or currency of the United
States, use of a City of Clearwater pre-paid parkina card. debit cards or any
authorized type of payment therein for a period of time conforming to the
parking limit established by the city manager for the area where such meter is
placed.
Section 15. Chapter 30, Article II, Division 3, Parking Meters Sec. 30.094
is amended as follows:
Sec. 30.094. Fees and !+ime limits designated by city manager.
The city manager is authorized to designate fees and time limits for parking at
any city owned or operated parking lot. garage or other property motar
locations within tho city for that part of tho street or or03 upon which or for which
such meter is pl3cod and to designate the denomination of United States coins
or currency, use of City of Clearwater pre-paid parkina cards. debit cards
or any authorized type of payment which may be deposited or inserted
therein for the purpose of obtaining legal parking for such period of time so
designated.
Section 16. Chapter 30, Article II, Division 3, Parking Meters, Sec.
30.095. Use of meter and space, is amended as follows:
(1) When any vehicle shall be parked in any space alongside of or next to which
there is located, pursuant to this division, a parking meter, the owner, operator,
manager or driver of such vehicle shall upon entering the parking space
7
Ordinance No. 7490-05
immediately deposit the proper coins or currency of the United States, City of
Clearwater pre-paid parkina cards. debit cards or any authorized type of
payment in the parking meter alongside of or next to the parking space and the
parking space may then be used by such vehicle during the parking limit
provided for the area in which such parking space is located.
(2) Any vehicle parked in any parking space in any parking meter zone shall be
positioned in the manner provided in section 30.041.
Section 17. Chapter 30, Article II, Division 3, Parking Meters, Sec.
30.096. Overtime parking is amended as follows:
(1) If any vehicle shall remain parked in any parking space beyond the parking
limit designated for such parking space, the parking meter shall display a sigR
sianal showing illegal parking, and in that event, such vehicle shall be
considered as parked overtime.
(2) It shall be unlawful for any person to permit a vehicle to remain or be placed
in any parking space alongside of or next to which any parking meter is placed
while such meter is displaying a signal showing that such vehicle has already
parked beyond the period of time allotted. for the type of coin deposited in tho
parking meter.
(3) It is unlawful for the operator of a vehicle to stoP. park or leave
standina a vehicle on a city owned or operated parkina lot. aaraae or other
property. usina meters. aates. permit or time limits for revenue and access
control. for a period lonaer than seventy-two (72) hours without first
makina arranaements in advance with the parkina division.
Section 18. Chapter 30, Article II, Division 3, Parking Meters, Sec.
30.097 is amended as follows:
Sec. 30.097. Depositing coins to extend Extendina parking beyond legal time.
It shall be unlawful for any person to deposit or cause to be deposited in a
parking meter a coin. currency. City of Clearwater pre-paid parkina cards.
debit cards or any authorized type of payment for the purpose of extending
the parking time beyond the time fixed for parking in the parking space alongside
of or next to which such parking meter is placed.
Section 19. Chapter 30, Article II, Division 3, Parking Meters, Sec.
30.098. Defacing, tampering with, etc., amended as follows:
It shall be unlawful for any person to deface, injure, tamper with, open or willfully
break, destroy or impair the usefulness of any parking meter I revenue control
8
Ordinance No. 7490-05
eauipment installed on any city owned or operated parkina lot, aaraae or
other property pursuant to the terms of this division.
Section 20. Chapter 30, Article II, Division 3, Parking Meters, Sec.
30.099 is amended as follows:
Sec. 30.099. Use of substitutes for GeiRs payment.
It shall be unlawful for any person to deposit or cause to be deposited in any
parking meter or chanae maker on any city owned or operated parkina lot,
aaraae or other property, any slug, device or substitute for a coin or currency
of the United States, City of Clearwater pre-paid parkina card, debit card or
any authorized type of payment.
Section 21. Chapter 30, Article II, Division 3, Parking Meters, Sec.
30.100. Disposition of parking fees is amended as follows:
The coins, United States currency, City of Clearwater pre-paid parkina card,
debit card or any authorized type of payment, deposited as provided in this
division shall be utilized in the manner provided by the parking system bond
ordinance, and until such bonds have been satisfied or otherwise redeemed.
Section 22. Chapter 30, Article II, Division 3, Parking Meters, Sec.
30.101. Exception for city officers and employees while on business is amended
as follows:
The provisions of this division shall not be construed to require payment into a
parking meter by an officer or employee of the city who is on city business in
order to park a marked city vehicle or a vehicle with an authorized city parking
permit displayed on the dashboard of the vehicle, or a visible hana-taa, in a
motorod space any on or off street parkina space within the city parking
system. A city officer or employee who is not on city business and who parks a
marked city vehicle or a vehicle with an authorized city parking permit displayed
on the dashboard of the vehicle, or a visible hana-taa, in 3 metered space any
on or off street parkina space within the city parking system without paying fR.ta
tho meter the parkina fee shall be subject to appropriate disciplinary action as
may be determined by the city manager, including but not limited to loss of the
city parking permit privilege or use of a marked city vehicle.
Section 23. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
9
Ordinance No. 7490-05
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Bryan D. Ruff
Assistant City Attorney
10
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 7490-05
City Council
"<"m.mm~"g.!!nd~mm~~moran~~,I11_.,"
IO.d
~~
u.~
Tracking Number: 1,511
Actual Date: 08/15/2005
Subject / Recommendation:
Adopt Ordinance 7495-05 on second reading, relating to declarations of a state of emergency,
amending Section 15.07 to clarify the procedures for declaring a state of emergency.
Originating: City Attorney
Section Second Readings - public hearing
Category: Second Reading
Public Hearing: Yes
Advertised Dates: 07/31/2005
Financial Information:
Review Aoproval
Pam Akin
08-03-2005
13:26:29
Cvndie Goudeau
08-04-2005
10:38:34
ORDINANCE NO. 7495-05
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO DECLARATIONS OF A STATE
OF EMERGENCY; AMENDING SECTION 15.07,
CLEARWATER CODE OF ORDINANCES, TO CLARIFY
THE PROCEDURES FOR DECLARING A STATE OF
EMERGENCY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the confirmation by resolution within five working days of a
declaration of state of emergency is not required; and
WHEREAS, the procedures for declaring a state of emergency should
reflect the procedures contained in Section 252.38(3)5. Florida Statutes (2004);
now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 15.07, Code of Ordinances, is hereby amended to read as
follows:
Sec. 15.07. Declaration of state of emergency.
(1) The mayor, vice-mayor, city manager, and assistant city manager, in the
order named, shall have the authority to declare a state of emergency by
proclamation. Upon the absence or unavailability of the mayor, the vice-mayor
may issue such a declaration, and upon the absence or unavailability of the mayor
and the vice-mayor, the city manager or, upon the absence of unavailability of the
city manager, an assistant city manager, may issue such a declaration.
(2) Any declaration of a state of emergency and all emergency regulations
activated under the provisions of this chapter shall be confirmed by the city council
city commission by resolution within fivo working d:3Ys of such declaration or at the
next regularly scheduled meeting of the city council. city commission, whichever
occurs first, unless the nature of the emorgency renders :3 meeting of the city
commission extremely impr~:lCtic~:II. Confirmation of the emergency declaration
shall disclose the reasons for, anticipated impacts of, actions proposed and taken
to manage the emergency, and other pertinent data relating to the emergency
requiring the declaration.
(3) Emergency resolutions authorized by this chapter shall include but are not
limited to the following subjects:
Ordinance No. 7495-05
Resolution
Subject
A
Evacuation
B
Curfews; declaration of areas off limits
C
Suspension or regulation of sale of
alcoholic beverages, firearms, explosives
or combustibles
D
Prohibiting the use of merchandise,
goods or services at more than the
normal average retail price
E
Water use restrictions
F
G
Suspension of local building regulations
Rationing of fuel, ice and other essentials
H
Emergency procurement procedures
Gas use restrictions
(4) A declaration of a state of emergency shall activate the emergency plans
applicable to the city.
(5) The duration of each state of emerQencv is limited to 7 days and may be
extended. as necessary. in 7-dav increments. t\ state of emergency, when
docl3rod 3S provided in this section, shall continue in effect f.rom day to day until
declared to be terminated.
(6) Upon the declaration of a state of emergency, the city manager shall post a
written notice of such declaration upon the main bulletin board in the city hall, and
shall notify by telephone not less than two newspapers of general circulation within
the city, at least three television stations and at least three radio stations
broadcasting in Pinellas or Hillsborough Counties. When practicable, the city
manager shall also cause the written notice to be published, in its entirety, at least
four days each week in a newspaper of general circulation in the city until the state
of emergency is declared to be terminated.
2
Ordinance No. 7495-05
(7) It shall be unlawful for any person to violate the provIsions of any
emergency resolution authorized by this chapter after first being warned by a law
enforcement officer.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Robert J. Surette
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
3
Ordinance No. 7495-05
ld,
~....~fet. r
u~""._,
City Council
Ag~'lda Cf?~!!r Memor~,~.!:I=!:!,~,=__.=
Tracking Number: 1,498
Actual Date: 08/15/2005
Subject / Recommendation:
Approve the banking services agreement with Bank of America for a period of five years
commencing October 1, 2005 for an estimated $130,000 annually, and authorize the appropriate
officials to execute same.
Summary:
The City solicited proposals for banking services from qualified firms per RFP 27-05, issued May
2, 2005.
Seven banks provided proposals which were ranked by a selection committee consisting of
representatives from Finance, Clearwater Customer Service, Parking, and Parks & Recreation.
Bank of America was chosen by the committee based on the earnings rate on overnight cash
balances, the physical proximity of City offices and activities to banking locations, the aggregate
cost of banking services, and the experience and continuity of the bank officials identified as
primary contact personnel.
The Bank of America's RFP response gave the City two fee schedules, Option 1 with a higher
monthly fee and a higher return rate on the City's cash balances and Option 2 with a lower
monthly fee and a lower return rate on the City's cash balances. Option 2 is more advantageous
to the City based on the projected cash balances the City will keep.
Bank of America is currently providing the City's banking services.
The City will be taking advantage of new technologies to reduce costs as opportunities arise.
Expenses for this contract are charged to a non-budget expense code in the Consolidated Cash
Fund. The expenses are deducted from the investment earnings prior to the allocation of
earnings to participating funds.
Bank of America will provide checking accounts, safekeeping of the city's investments, coin
services, utility payment processing services and overnight investing of account balances among
other services.
Originating: Finance
Section Other items on City Manager Reports
Category: Agreements/Contracts - with cost
Public Hearing: No
Financial Information:
Type: Operating Expenditure
Bid Required? Yes
Bid Numbers: 27-05
~.~
u~
City Council
Cover Memorandum
In Current Year Budget?
No
Budget Adjustment:
No
Current Year Cost:
$0.00
Annual Operating Cost:
$130,000.00
For Fiscal Year:
10/01/2005 to 09/30/2010
Appropriation Code(s)
0699-07400-530100-585-000
Amount
$130,000.00
Comments
Review Approval
Marcie Simmons
Pam Akin
07-27-2005 13:57: 19
08-05-2005 14:30:53
07-28-2005 07:54:21
08-04-2005 13:51:47
08-01-2005 07:45: 15
08-04-2005 16:44:52
Cvndie Goudeau
Karen Dombrowski
Garrv Brumback
Bill Horne
'"Ks'. i d, I
Agreement for Government Banking Services
This Agreement for Government Banking Services (the "Agreement") is made as of this
_ day of ,2005, between City of Clearwater (the "Client") and
Bank of America, N.A., a National Banking Association.
WHEREAS, Client issued a Request for Proposal ("RFP") more fully identified below,
for providing banking services identified in the RFP (the "Services"):
RFP # 27-05, dated May 2,2005; and
WHEREAS, the Bank was the successful bidder under the RFP, having submitted its bid
response dated June 1,2005 (the "Bid Response"); and
WHEREAS, the parties wish to enter into this Agreement for the purpose of specifying
the term and constituent documents of the agreement between Client and Bank regarding
the Services;
NOW, THEREFORE, in consideration of the foregoing, and other good and valuable
consideration, the parties hereby agree as follows:
1. Integrated Agreement. The entire and integrated agreement between Client and Bank
related to the Services shall consist of this Agreement, Bank's Treasury Terms and
Conditions Booklet in connection with the Services (including their respective user
documentation and set-up forms), Bank's Bid Response and Client's RFP as
modified by the Bid Response. In the event of conflict among any of the preceding
documents, such documents shall govern in the following order of precedence:
(1) this Agreement, (2) Bank's Treasury Terms and Conditions Booklet (including
user documentation and set-up forms), (3) the Bid Response and (4) the RFP. The
integrated agreement supersedes all prior negotiations, representations, statements
and agreements, whether written or oral, regarding the Services.
2. Option Selected. The City has selected Option 2 for Banking Services as to pricing
for those services performed by Bank of America. This option is detailed in the Bid
Response dated June 1,2005.
3. Commencement of Performance. Except as otherwise agreed by the parties, Bank
shall begin performing each Service upon execution and delivery of this Agreement,
the pertinent service-level agreement and the related set-up forms. Bank shall
continue to perform such Services during the term of this Agreement.
4. Term. This Agreement is for an initial term of five (5) years. The Agreement may
be extended by mutual consent of the parties as set forth in the RFP.
188251.04
5. Notices. Except as may otherwise be specified in the applicable service-level
agreement or set-up form, notices to Client and Bank shall be sent to the addresses
set forth below:
Client: Finance Department
City of Clearwater
P.O. Box 4748
Clearwater, FL 33758-4748
Bank: Bank of America
18167 US Highway 19 N., Suite 600
Clearwater, FL 33764-6575
Changes in the respective address set forth above may be made from time to time by any
party upon written notice to the other party.
In witness whereof, the parties have executed this Agreement as of the date first written
above.
CITY OF CLEARWATER
[Client Name]
By: By:
[Signature] [Signature]
Name: Name:
[Type or Print] [Type or Print]
Title: Title:
[Type or Print] [Type or Print]
BANK OF AMERICA, N.A.
By:
[Signature]
Name: Victoria R. Parker
[Type or Print]
Title: Senior Vice President
[Type or Print]
188251.04
2
BankofAmerica ~__
~-
~
Treasury Services Agreement
General Provisions
Bank of America's Treasury Services Agreement consists of the following:
General Provisions. The General Provisions are contained in this document and
apply to all treasury services specified on the accompanying List of Banks and
Services. Please sign and return this document to your Bank representative.
Service Addenda. Once the General Provisions have been executed by both
Client and Bank, the relevant Service Addendum can be executed by both
parties for each treasury service.
Accompanying these documents is a List of Banks and Services, which provides the names
under which various Bank of America banks or locations offer Treasury Services. In connection
with the provision of many Services, the Bank will also provide User Documentation containing
detailed instructions regarding the use of such Service. User Documentation may vary from one
jurisdiction to another.
00-35-0167NSB 7-99
BankofAmerica ~_
~~
~
Treasury Services Agreement
General Provisions
Client and Sank agree to these General Provisions ("General Provisions"). These General Provisions will govern Client's use of any of
Sank's treasury services specified on the accompanying List of Sanks and Services. Sank may update the list from time to time. Client
may contact its Sank representative at any time in order to obtain an updated list. Additional terms and conditions for a particular
Service are contained in any relevant Service Addendum.
1. DEFINITIONS
(a) "Agreement" means, with respect to a Service, these
General Provisions together with the relevant Service
Addendum for such Service, as each may be amended from
time to time.
(b) "Account Agreement" means, with respect to each
deposit, savings or current account for which Client is using a
Service, the current signature card, International Account
Agreement or SAOTC and the publication(s) provided by Sank
containing terms and conditions applicable to such account, as
such publication(s) may be amended from time to time.
(c) "Susiness Day" means each day on which the bank or
bank office providing or facilitating a Service is open for
business related to that Service.
(d) "Collected and Available Funds" means funds in an
account equal to the ledger balance minus float which, in
Sank's reasonable determination, are not subject to a hold,
dispute or legal process preventing their withdrawal.
(e) "Damages" means any expense, loss, damage or
cost.
(f) "Electronic Funds Transfer Services" means the
Automated Clearing House (ACH) Services, International
Electronic Funds Transfer Services and Wire Transfer Services
specified on the accompanying List of Sanks and Services.
(g) "International Account Agreemenf means a form of
Account Agreement used in some countries.
(h) "Legal Expenses" means any reasonable lawyer's
fees, allocated costs of staff counsel (unless prohibited by
applicable law), fees and expenses of litigation and any other
fees and expenses incurred in enforcing any provision of the
Agreement.
(i) "Materials" means any software, user identification
code, password, code, key, test key, security device,
embedded algorithms, digital signatures and certificates, other
similar devices and information, User Documentation and
related documentation provided to Client by Sank in
connection with a Service.
0) "SAOTC" means each form of Standard Account
Opening Terms and Conditions used in certain countries as an
Account Agreement.
(k) "Service" means, with respect to a treasury service,
each service provided in a specific Sank location, identified in
the List of Sanks and Services and described in any relevant
Service Addendum.
(I) "Service Addendum" means any addendum to these
General Provisions which sets forth the specific terms relating
to a Service.
(m) "Supplier" means any private or common carrier
communication or transmission facility, any time-sharing
supplier or any mail or courier service.
(n) "User Documentation" means any written information
Sank provides to Client, including information in electronic
format, as amended from time to time, which contains detailed
instructions regarding the use of a Service, as provided by a
00-35-0167NSBW 10-2004
particular banking center or office. User Documentation may
vary from one jurisdiction to another. Current User
Documentation is available upon Client's request.
2. TREASURY SERVICES
The Agreement becomes effective with respect to a
Service when these General Provisions and any relevant
Service Addendum have been executed by Client and Sank.
Subject to the terms and conditions of the Agreement, Sank
will provide use of a Service when Sank has received all
required and properly executed forms and Client has
satisfactorily completed Sank's testing and training
requirements, if any, in the use of the Service. To assist in
Sank's establishment or maintenance of overdraft limits or
other processing arrangements, Client shall provide Sank with
such financial information as Sank reasonably requests. Client
shall use the Service in accordance with these General
Provisions, the relevant Service Addendum and any relevant
User Documentation.
3. PAYMENT OBLIGATIONS
(a) Client must maintain and designate Sank account(s)
which will be used for debiting or crediting with respect to all
payments and deposits and related adjustments and charges.
(b) Except as otherwise provided, Client must have
Collected and Available Funds on deposit in its account
sufficient to cover such obligations under the Agreement. For
purposes of satisfying Client's payment obligations, Sank may
consider any overdraft line or credit arrangement Client has
with Sank.
(c) Client shall pay Sank for each Service in accordance
with Sank's schedule of charges currently in effect for Client,
except as Sank agrees otherwise (in writing) from time to time.
Sank will provide Client a copy of the current schedule of
charges on request. All charges are subject to change upon
30 days prior written notice to Client from Sank (unless
otherwise agreed in writing), except that any increase in
charges to offset any increase in fees charged to Sank by a
Supplier for services used in delivering any Service may
become effective in less than 30 days. Sank will, on a monthly
basis, debit Client's account with Sank for payment of charges
due, unless Client arranges another payment procedure
acceptable to Sank.
(d) All Service charges are exclusive of sales, value-
added and use taxes, stamp and other duties and other
governmental charges imposed on any Service or Materials
and not based on Sank's net income. Such taxes, duties and
charges are payable by Client.
4. CONFIDENTIALITY
(a) Sank aCknowledges that information it obtains from
Client in connection with any Service it provides to Client under
the terms of this Agreement may be confidential. Sank will
maintain the confidentiality of such information in accordance
Page 1 af6
GENERAL PROVISIONS
with its normal procedures for safeguarding customer
information and the policy reflected in the Bank of America
Corporation Code of Ethics, as amended from time to time.
(b) Client acknowledges Bank's claim to proprietary rights
in the Materials and that the Materials constitute "trade
secrets" of Bank or its licensors or vendors. Client
understands that all Materials are confidential. Client agrees to
safeguard the Materials at all times and to establish and
maintain procedures covering Client's employees and agents
to assure the confidentiality of the Materials (including
changing, or requesting Bank to change, passwords, codes or
the fixed number component of a test key whenever an
individual with knowledge of such Materials is reassigned or
leaves Client's employ). Client shall extend the same
protection to any password or code subsequently changed by
Client. Client shall not disclose the Materials to any person or
entity, except Client's authorized employees and agents with a
need to know the Materials. Except as may be set forth in any
software license agreement, or as otherwise agreed between
the parties, Client shall not, or allow anyone else to, make any
copies, in whole or in part, of any Materials in whatever form or
medium (electronic, tangible, printed or otherwise) in which
they may exist from time to time. Client shall not, or allow
anyone else to, translate, disassemble, decompile or reverse-
engineer any software or security devices. Client may use the
Materials only for the purposes for which they were provided
by Bank. Client agrees to notify Bank promptly by telephone,
confirmed in writing, if any Materials are lost or the
confidentiality of any Materials is compromised.
(c) Client shall have sole responsibility for the custody,
control and use of all Materials. Client agrees that no
individual will be allowed to initiate a request or other
instruction contemplated in the Agreement or to have access to
any Materials without proper supervision and strict security
controls. Bank will be fully protected in relying on the correct
user identification codes and passwords, as described in the
relevant User Documentation.
(d) This section 4 does not limit either party's ability to
disclose information (i) that the other party has approved by
prior writing for disclosure; (ii) that is disclosed to its
professional advisors or auditors; (iii) that becomes public
other than through a breach of these confidentiality obligations,
(iv) that was in its possession or available to it from a third
party prior to its receipt in connection with any Service, (v)
which is obtained by it from a third party who is not known by it
to be bound by a confidentiality agreement with respect to that
information, (vi) as required or requested by any securities
exchange or regulatory body to which either party is subject or
submits or (vii) as otherwise required to be disclosed by law or
by legal or governmental process.
(e) In addition, Client agrees (i) that Bank may disclose to
its offices, banking affiliates, and agents with a need to know,
any information Bank obtains about Client and (ii) that those
offices, affiliates and agents may disclose such information as
permitted under the immediately preceding subsection.
(f) Client acknowledges and agrees that data processing
related to Services covered by the Agreement and Client's
associated accounts may take place in countries other than
those where Client and Client's accounts with Bank are
located. Client further understands that information
concerning Client's relationship with Bank may be available on
Bank's electronic data system both for information
management purposes and in order to enable Client to benefit
from Bank's electronic banking services. Client understands
00-35-0167NSBW 10-2004
and agrees that, as a result, Client's banking relationship
information may be available to some of Bank's officers outside
the country or countries where Client and Client's accounts are
located and Client waives the banking secrecy laws, if any, of
such country or countries with respect to such information.
(g) Client's obligations under this section 4 shall survive
termination of the Agreement.
5. CLIENT'S REPRESENTATIONS AND WARRANTIES
Client represents and warrants to Bank on each day on
which a Service is provided that (i) the Agreement constitutes
its duly authorized, legal, valid, binding and enforceable
obligation; (ii) the performance of its obligations and the
consummation of the transactions contemplated under the
Agreement will not (A) constitute or result in a breach of its
governing documents or the provisions of any material contract
to which it is a party or by which it is bound or (B) result in the
violation of any law, regulation, judgment, decree or order
applicable to it; (iii) the debiting of any account as provided in
the Agreement is not inconsistent with any restriction on the
use of that account; and (iv) all approvals and authorizations
required to permit the execution, delivery, performance and
consummation by Client of the Agreement and the transactions
contemplated under the Agreement have been obtained,
including but not limited to due authorization from each
applicable third party to allow Client to transfer funds and
access information from such party's account.
6. LIMITATION OF LIABILITY
(a) For all Services other than Electronic Funds Transfer
Services, Bank will be liable only for any actual Damages
incurred by Client as a direct result of Bank's failure to exercise
reasonable care in providing a Service. For Electronic Funds
Transfer Services, refer to the Limitation of Liability section of
the applicable Service Addendum.
(b) In no event will Bank be liable for any indirect,
consequential or punitive loss, damage, cost or expense of any
nature (even if advised of the possibility of such loss, damage,
cost or expense), including, without limitation, any economic
loss or damage, expense and loss of business, profits or
revenue, goodwill and anticipated savings, loss of or corruption
to Client's data, loss of operation time or loss of contracts.
(c) Bank will not be responsible for the acts or omissions
of Client or Client's officers, employees or agents (including but
not limited to the amount, accuracy, timeliness of delivery or
due authorization of any instructions from Client) or the acts or
omissions of any other person or entity, including but not
limited to any clearing house association or processor, any
funds transfer system, any U.S. Federal Reserve Bank or any
other country's central bank, any other financial institution or
any Supplier, and no such person or entity will be deemed
Bank's agent.
(d) Bank will not be liable for and will be excused from
any failure or delay in performing its obligations under the
Agreement if (i) such failure or delay is caused by
circumstances beyond Bank's reasonable control including any
natural disaster (such as earthquakes or floods), emergency
conditions (such as war, riot, fire, theft or labor dispute), legal
constraint or governmental action or inaction, breakdown of
any Supplier, equipment failure or act, omission, negligence or
fault of Client or (ii) Bank reasonably believed that its action
would have violated any law, guideline, rule or regulation of
any governmental authority. No such failure or delay will
constitute a breach of the Agreement.
Page 2 of 6
GENERAL PROVISIONS
7. PROTECTION FROM THIRD PARTIES
Client shall indemnify Bank against and hold it harmless
from and defend Bank against any and all liabilities, claims,
costs, expenses and damages of any nature (including but not
limited to Legal Expenses) arising out of or relating to disputes
or legal actions by parties other than Client and Bank
concerning a Service. This section does not apply to any such
liabilities, claims, costs, expenses or damages attributable to
the gross negligence or intentional misconduct of Bank.
Client's obligations under this section 7 shall survive
termination of the Agreement.
8. TERMINATION
(a) Client or Bank may terminate the Agreement or a
Service upon 30 calendar days prior written notice to the other
party.
(b) Notwithstanding subsection 8(a), Bank may terminate
the Agreement or any or all Services effective immediately,
and Bank will send Client notice of the termination, if any of the
following occurs: (i) Client breaches any of the terms and
conditions in these General Provisions, the relevant Service
Addendum or any other agreement with Bank; (ii) Client
terminates, liquidates or dissolves its business, or disposes of
a substantial portion of its assets; (iii) Client fails generally to
pay its debts as they become due; (iv) Client, voluntarily or
involuntarily, becomes the subject of any bankruptcy,
insolvency, reorganization or other similar proceeding; (v)
Client initiates any composition with creditors; (vi) any guaranty
of Client's obligations to Bank terminates, is revoked or its
validity is contested by the guarantor, or any of the events set
forth in items (i) through (v) attributable to the Client occur to
the guarantor.
(c) If the Agreement or a Service is terminated for any
reason, Client shall (i) immediately stop using any Materials
relating to the terminated Service; (ii) erase or delete any
Bank-provided software relating to the terminated Service to
the extent stored in Client's computers; and (iii) at the option of
Bank, either return to Bank or destroy all Materials relating to
the terminated Service and certify to Bank that it has done so.
Client's obligations under this subsection 8(c) shall survive
termination of the Agreement.
(d) Termination of the Agreement or a Service shall not
affect Client's payment obligations with respect to services
performed by Bank prior to termination. Also, termination of
the Agreement or a Service does not release the parties from
any of their respective obligations which arose or became
effective before such termination.
9. OVERDRAFTS
With respect to a Service, Bank may, at its sole discretion,
allow an overdraft to occur in Client's account. Except as Bank
agrees or advises Client otherwise in writing, Client must repay
Bank immediately, without demand, the amount of the
overdraft plus any overdraft charges. In such cases, the fact
that Bank previously allowed an overdraft to occur does not
obligate Bank to do so in the future. Additional terms and
conditions contained in the Account Agreement may also apply
to such overdrafts.
10. COMMUNICATIONS
(a) Client agrees that Bank may electronically record or
monitor any telephone communications with Client in those
countries which permit that practice. If Bank's records about
00-35-0167NSBW 10-2004
any such communication are different from Client's, Bank's
records will govern.
(b) If Bank allows Client to use electronic mail to initiate
payment requests or other instructions, Client's use of such
electronic mail with respect to a Service will be subject to the
terms and conditions of these General Provisions and will
comply with the applicable User Documentation.
11. PERFORMANCE
(a) Bank will be responsible only for performing the
Services expressly provided for in the Agreement.
(b) Bank may contract with an outside vendor in providing
any of these Services. With respect to any Service, Bank will
provide Client with assistance by telephone at the numbers
and during the hours specified by Bank in writing from time to
time.
(c) Client is responsible for maintaining the security of its
data and ensuring that it is adequately backed-up. Bank is not
responsible for Client's loss of its data.
12. ADVERTISING
Neither Client nor Bank shall use the other party's name or
refer to the other party directly or indirectly in any solicitation,
marketing material, advertisement, news release or other
release to any publication without receiving the other party's
specific prior written approval for each such use or release,
except that Bank may use Client's name as a reference in
service proposals if it has obtained Client's prior oral approval
for such use. This section 12 shall not limit either party's ability
to satisfy any governmentally or judicially required disclosure.
13. NOTICES
Any written notice or other written communication to be
given under the Agreement shall be addressed to each party at
its address set forth at the end of these General Provisions or
to such other address as a party may specify in writing.
Notices shall be effective upon receipt, except as otherwise
provided in the Agreement.
14. AGREEMENT
The Agreement constitutes and represents the entire
agreement between Client and Bank regarding the Services
Bank provides Client anywhere in the world and supersedes
and extinguishes all prior agreements, understandings,
representations, warranties and arrangements of any nature
(including requests for proposals and other sales material),
whether oral or written, between the parties relating to any
such Service (including any International Treasury Services
Terms and Conditions booklet, but excluding the current
Account Agreement). The Agreement controls in the event of
any conflict between it and any relevant User Documentation,
any other document or written or oral statement (including but
not limited to the Account Agreement except as applicable law
requires otherwise).
15. SEVERABILITY
If any provision of the Agreement or the application of any
such provision to any person or set of circumstances is
determined to be invalid, unlawful, void or unenforceable to
any extent, the remainder of the Agreement, and the
application of such provision to persons or circumstances other
than those as to which it is determined to be invalid, unlawful,
void or unenforceable, shall not be impaired or otherwise
Page 3 of 6
GENERAL PROVISIONS
affected and shall continue to be valid and enforceable to the
fullest extent permitted by law.
16. WAIVER
No delay or failure to exercise any right or remedy under
the Agreement shall be deemed a waiver of such right or
remedy. No waiver of a single breach or default under the
Agreement shall be a waiver of any other breach or default.
Any waiver under the Agreement must be in writing.
17. ASSIGNMENT
Client may assign any of its rights or duties under the
Agreement with Bank's prior written consent. Client requests
for consent shall be sent to the Bank address set forth at the
end of these General Provisions.
18. PARTIES IN INTEREST/RELATIONSHIP
The Agreement shall be binding upon and inure to the
benefit of the parties and their respective successors and
permitted assigns. The Agreement is not for the benefit of any
other person, and no other person shall have any right under
the Agreement against Client or Bank. Nothing contained in
the Agreement shall create any agency, fiduciary, joint venture
or partnership relationship between Client and Bank.
19. GOVERNING LAW
(a) With respect to each Service, this Agreement is
governed by and interpreted according to (i) U.S. federal law
and (ii) the law of (A) the state in the United States of America
in which the account (or the principal account, in the case of
multiple accounts) associated with such Service is located or, if
there is no such state or no account associated with such
Service, (B) the State of New York, without reference to the
principles of conflicts of law of the U.S. and of such state.
(b) If Client is headquartered, or is using a Service,
outside the United States of America, Client must appoint an
agent for service of process in England, Hong Kong or
Singapore and Client irrevocably agrees that any writ,
summons, order, judgment or other document relating to or in
conjunction with any proceeding, suit or action may be served
on Client in such jurisdiction.
20. DISPUTE RESOLUTION
Any dispute, controversy or claim arising out of or relating
to the Agreement, including a breach of the Agreement, shall
be decided by arbitration conducted in the United States of
America (except as Client and Bank expressly agree
otherwise) in accordance with the United States Arbitration Act
00-35-0167NSBW 10-2004
(Title 9, U.S. Code) under the Commercial Arbitration Rules of
the American Arbitration Association. Under these procedures,
the dispute, controversy or claim shall be submitted to a
neutral person for determination in place of a trial before a
judge or jury. Judgment upon the decision rendered by the
arbitrator may be entered in any court having jurisdiction.
Without regard to the foregoing, any dispute or controversy
that arises from an Electronic Funds Transfer Service will be
decided by a judge without a jury in a United States of America
federal or state court (except as Client and Bank expressly
agree otherwise in writing). This means that in these
instances Client waives any right to a trial by jury in any
action or proceeding and agrees that such action or
proceeding will be tried before a judge without a jury. This
provision shall not limit the right of either party to the
Agreement to exercise self-help remedies, or obtain provisional
or ancillary remedies from a court of competent jurisdiction
before, after or during the pendency of any proceeding. The
exercise of such a remedy does not waive the right of either
party to resort to arbitration or trial by a judge. Client or Bank
may exercise or obtain these remedies at any time, even while
the arbitration or trial by a judge is pending.
21. SIGNATURE AND AUTHORITY
Each of the Clients named on the signature page will be
deemed a "Client" and each of the banking institutions named
on such page will be deemed a "Bank." The individual(s)
signing on behalf of each Client has the title(s) specified for the
applicable Client and intends by so signing these General
Provisions that each Client be separately bound by these
General Provisions. Each Client warrants that it has taken all
action required by its organizational or constituent documents
to authorize the undersigned, any incumbent occupying the
same position as the undersigned or any person authorized by
Client's board resolution delivered to Bank, acting alone, to
execute and deliver on behalf of Client these General
Provisions, any relevant Service Addenda and any other
documents Bank may require with respect to a Service. Each
Client is authorized to enter into all transactions contemplated
by the provision of one or more Services to Client. These may
include, but are not limited to, giving Bank instructions with
regard to Electronic Funds Transfer Services and designating
employees or agents to act in the name and on behalf of
Client. These General Provisions, together with any relevant
Service Addenda between each Client and each Bank, will
constitute a separate Agreement for a Service as to each such
Client and each such Bank. These General Provisions may be
signed by Bank in counterparts.
Page 4 of 6
GENERAL PROVISIONS
IN WITNESS WHEREOF, each of the parties has caused this General Provisions to be executed as of
duly authorized officer(s).
,by its
CLlENT(S)
BANK(S)
[BANK NAME]
(CLIENT'S LEGAL NAME)
Title:
By:
(Print or Type)
(Signature)
Name:
(Print or Type)
(CLIENT'S LEGAL NAME)
Title:
(Print or Type)
Title:
(Print or Type)
For Clients which are U.S. legal entities, guidelines for completion: If each Client specified above is a corporation, then an authorized officer other
than the person signing the Certification on the next page must sign this form; if each Client is a partnership, limited liability company, limited liability
partnership or sole proprietorship, then all general partners, all members or the proprietor must sign this form unless Client's organizational or
constituent documents specify otherwise; if each Client is a governmental entity, the Treasurer must sign this form, unless Client's charter specifies
otherwise. Up to three Client names can be listed above if the individual signing above has authorization to sign on behalf of all Clients. Cross out any
unused name blocks.
00-35-0167NSBW 10-2004
Page 5 of 6
GENERAL PROVISIONS
Certification for General Provisions
The undersigned certifies that the signature appearing on the previous page for each Client is the true signature of a person authorized
to execute the form on behalf of each Client, and further certifies that the undersigned has full authority to execute this certification.
Each Bank is entitled to rely upon this certification until written notice of its revocation is delivered to Bank.
[CLIENT'S LEGAL NAME]
[CLIENT'S LEGAL NAME]
[CLIENT'S LEGAL NAME]
By:
[Signature]
Name:
[Print or Type]
Title:
[Print or Type]
Dated:
Guidelines for completion: If each Client specified above is a corporation, the chairman, president, chief executive officer, chief financial officer,
treasurer, corporate secretary or an assistant corporate secretary who did not sign the previous page must sign this Certification; if each is a partnership,
limited liability company or limited liability partnership, one of the general partners or members must sign this Certification; if each is a governmental
entity, the entity's counsel must sign this Certification. Sole proprietors do not need to complete this Certification.
NOTE: If Client is not a U.S. legal entity, it is not required to complete this Certification.
The following addresses may be used for giving notices in connection with this Agreement except as Client or Bank provide the other party different
addresses to be used in conjunction with Client's accounts or particular Services.
ADDRESS FOR NOTICES TO CLIENT:
ADDRESS FOR NOTICES TO BANK:
Telephone Number: (
Fax Number: ( )
Bank of America Corporation
Documentation Management (CA4-706-04-07)
P.O. Box 27128
Concord, CA 94527-9904
Fax Number: (925) 675-7131
and, if filled in, the following:
FOR BANK USE ONLY
GCI Number(s):
Telephone Number: (
Fax Number: )
00-35-0167NSBW 10-2004
Page 6 of 6
BankofAmerica ~
~~
~--
.2.0_ . \ d . \
Treasury Services Agreement
Information Reporting Service Addendum
This Service Addendum is made between Client and Bank and, together with the General Provisions between Client and Bank, forms the
Agreement between the parties with respect to the Services defined below. Capitalized terms used and not defined in this Service
Addendum have the meanings assigned in the General Provisions.
The accompanying List of Banks and Services includes the names of the Services currently offered by Bank which are covered by this
Addendum. Bank may update the list from time to time. Client may contact its Bank representative at any time in order to receive an
updated list.
1. DEFINITIONS
(a) "Other Company" means a company or other
organization other than Client.
(b) "Service" means each Information Reporting Service
which makes certain account, transaction and related
information available to help Client control and manage its
accounts.
(c) "Subsidiary" means any entity in which more than 50%
of the ownership interest is owned, directly or indirectly, by
Client. The term "Subsidiary" does not include affiliates or other
entities in which 50% or less of the ownership interest is owned,
directly or indirectly, by Client.
(d) "User Documentation" means any written information
Bank provides to Client, including information in electronic
format, as amended from time to time, which contains detailed
instructions regarding use of a Service as provided by a
particular banking center or office. User Documentation may
vary from one jurisdiction to another. Current User
Documentation is available upon Client's request.
2. INFORMATION REPORTING SERVICE
(a) A Service may include information generated from
other Treasury Services provided to Client. A Service is
comprised of one or more features selected by Client, which are
described in the applicable User Documentation.
(b) Client shall notify its Bank representative of the
features and accounts for which it requests Bank to provide a
Service. In addition to making Client's account information at
Bank available, a Service can make available information
regarding accounts at Bank belonging to an Other Company.
Certain Services can also make available information regarding
accounts of Client or accounts of an Other Company maintained
at another financial institution.
(c) If Client elects to have accounts of an Other Company
at Bank reported to it with a Service and the Other Company is
not a Subsidiary, Client agrees that, for each such account, the
Other Company will provide Bank with its written authorization,
in a form acceptable to Bank, so Bank can make the Other
00-35-Q156NSB
7-99
Company's information available. However, Client does not
need to have the Other Company provide this authorization if (i)
the Other Company's accounts are domiciled in the United
States of America and (ii) Client represents and warrants to
Bank that the Other Company is a U.S. Subsidiary and that the
Subsidiary has authorized Bank to make its account information
available to Client.
(d) If Client elects to have its accounts, or accounts of an
Other Company, maintained at another financial institution
reported to it with certain Services, Client agrees that it and the
Other Company will authorize the other financial institution to
make the reporting information available to Bank and to take all
other actions necessary for Bank to provide the Service.
3. CHANGES TO PROCESSING INSTRUCTIONS
Client may request Bank at any time to change the
processing instructions for a Service by contacting its Bank
representative. Bank will not be obligated to implement any
requested changes until Bank has had a reasonable opportunity
to act upon them. In making such changes, Bank is entitled to
rely on requests purporting to be from Client. For certain
changes, Bank may require that Client's requests be in writing, in
a form and manner acceptable to Bank, or be from an authorized
person designated by Client. In addition, certain requests may
be subject to Bank's approval.
4. BANK AGREEMENT
Each of the Clients named on the signature page will be
deemed a "Client" and each of the banking institutions named on
such page will be deemed a "Bank." The individual(s) signing on
behalf of each Client has the title(s) specified for the applicable
Client and intends by so signing the Service Addendum that
each Client be separately bound by the Service Addendum.
This Service Addendum, together with the General Provisions
between a Client and a Bank, will constitute a separate
Agreement between each such Client and each such Bank.
This Service Addendum may be signed by Bank in counterparts.
Page 1 of 2
INFORMATION REPORTING SERVICE ADDENDUM
IN WITNESS WHEREOF, each of the parties has caused this Service Addendum to be executed as of
duly authorized officer(s).
,by its
CLlENT(S)
BANK(S)
(CLIENT'S LEGAL NAME)
[BANK NAME]
Title:
By:
(Signature )
(Print or Type)
Name:
(Print or Type)
(CLIENT'S LEGAL NAME)
Title:
(Print or Type)
Title:
(Print or Type)
(CLIENT'S LEGAL NAME) [BANK NAME]
Title: By:
(Print or Type) (Signature)
Name:
[SIGNATURE] (Print or Type)
Title:
By: (Print or Type)
Name:
(Print or Type)
FOR BANK USE ONLY
I Gel Number(s):
Note: Up to three Client names can be listed above if the individual signing above has authorization to sign on behalf of all Clients. Any
unused name blocks should be crossed out.
00-35-0156NSB
7-99
Page 2 of 2
,f) ..... .
f-s. \ C. \
BankofAmerica ~
~~
ACH Blocks & Filters
Implementation Form
CLIENT ADDRESS:
CITY:
ZIP:
CONTACT NAME:
PHONE #:
1m lementation Coordinator:
Client Service Re :
Treasu Sales Officer:
NOTE: ACH Blocks and Filters remain in lace until deleted. The do not ex ire.
If the client has internal Bank of America services where we automatically debit I credit your account (e.g. Bank of America Merchant
Services, ExpressTax, or Loan Payments), use Level 2.
CLIENT ACCOUNT NAME
ACCOUNT
NUMBER
ROUTING NUMBER BLOCK ALL DEBITS I ALL CREDITS I
(REQUIRED) BOTH
DELETE OPTIONS
Select One
Select One
Select One
Select One
Select One
Select One
Authorize only the following ACH transactions received from these Trading Partners ("Originators") within the specified dollar limits.
Client Information:
ACCOUNT NAME:
ACCOUNT NUMBER:
ROUTING NUMBER:
TYPE:
o New 0 Existing
Authorized TradinQ Partner (OriQinator) Information:
Originating Company ID (mandatory)
Debit I Credit I Both Originating Company Name (if ID is LESS than 10 digits, MUST choose Maximum Dollar Amount Add I Change
richt or left iustified in drop doWn box) (default is $99,999,999.99) I Delete
Select One Select One Select One
Select One Select One Select One
Select One Select One Select One
Select One Select One Select One
Client Information:
ACCOUNT NAME:
ACCOUNT NUMBER:
ROUTING NUMBER:
TYPE:
o New 0 Existing
Authorized Trading Partner (Originator) Information:
Originating Company ID (mandatory)
Debit I Credit I Both Originating Company Name (if ID is LESS than 10 digits, MUST choose Maximum Dollar Amount Add I Change
right or left justified in drop down box) (default is $99,999,999.99) I Delete
Select One Select One Select One
Select One Select One Select One
Select One Select One Select One
Select One Select One Select One
00-35-0111 NSBW 04-2004
ACH Blocks & Filters
Level 2, continued
Client Information:
ACCOUNT NAME:
ACCOUNT NUMBER:
ROUTING NUMBER:
TYPE:
o New D Existing
Authorized Trading Partner (Oriainator) Information:
Originating Company ID (mandatory)
Debit I Credit I Both Originating Company Name (if ID is LESS than 10 digits, MUST choose Maximum Dollar Amount Add I Change
riaht or left iustified in drOD down box) (default is $99,999,999.99) I Delete
Select One Select One Select One
Select One Select One Select One
Select One Select One Select One
Select One Select One Select One
ACH Blocks and Filters are applied to transactions as they are collected. Bank of America originators are allowed to send transactions up to
30 days before their effective date. All other originators can send transactions through the ACH network to Bank of America up to 2 days
before their effective date. These transactions are collected into the ACH Operating System's warehouse and distributed to posting on their
effective date. This means that future dated transactions collected before the block and/or filter was implemented by ACH Operations will not
be subject the block or filter criteria.
Clients need to monitor their accounts during the Implementation process to ensure that all transactions are authorized.
By signing below, I agree I have reviewed the above information and all is correct.
Authorized Signature:
This information can be canceled or amended by providing us with a new ACH Blocks and Filters Implementation Form. Changes will be
effective no later than four (4) business days ("Business Day" means each Monday through Friday, including Bank Holidays) after our ACH
Operating Department receives your request.
Bank of America is authorized to act upon the instructions set forth above in accordance with the terms and conditions of the service
agreement between Client and Bank for this Service. This authorization shall remain in effect until written notification to the contrary is
received and processed by the Bank.
ACH Blocks and Filters is Sank of America's ACH Authorization Receive Service and was previously known as Electronic Payment
Authorization or PayOnly.
Customer: Retain a copy for your records. Send original to your Bank Representative.
Bank Representative: Retain a copy for your records. Submit request to appropriate operational site listed below:
Sites / States:
CA - CA, IL 071000039 & IL 071923284 only
TX - TX, TN, AR, lA, KS, MO, NM, OK, OR, AZ, NV, IL except 071000039 & 0719023284
VA-VA, DC, FL, GA, MD, NC, SC
WA-WA,ID
00-35-0111 NSBW 04-2004
2
Item 12.1 (CC 08-15-05)
Re: Scanned item
Refer to Report & Studies
Binder:
City of Clearwater
Response to Request for Proposal
F or Banking Services
(RFP #27-05)
06-01-05
Bank of America
Id'd
~~
u.~
City Council
Ag~~,!~L cO~~.~,_~,~!"or~tQ,dum__w,.
Tracking Number: 1,484
Actual Date: 08/15/2005
Subject / Recommendation:
Approve a First Amendment to Gas Supply and Transportation Agreement with TECO Peoples
Gas System, providing for the relocation of the northern metering equipment referenced in the
Gas Supply and Transportation Agreement, dated December 2, 2004 and authorize the
appropriate officials to execute same.
Summary:
The City of Clearwater/Clearwater Gas System (CGS) entered into a Gas Supply and
Transportation Agreement with TECO Peoples Gas System (PGS) on December 2, 2004, to serve
the newly transferred Central Pasco territory. In accordance with the Gas Supply Agreement,
the territory will be served by CGS, but the gas supply will come from PGS. The Agreement
specified two permanent metering locations and one temporary location.
CGS and PGS have agreed to a more secure location for the northern-most metering equipment,
which is approximately 2 miles north of State Road 52, near the intersection of Hays Road and
Hudson Road. This will allow the metering equipment to be secured within the fencing of an
existing PGS Gate Station. Both parties desire to amend the Agreement in order to modify the
location of the referenced meter station that will subsequently be installed by PGS. PGS will
install the main line piping from this northern metering location to the interconnect with CGS at
the intersection of State Road 52 and Hays Road.
Appendix A to the Agreement has also been deleted in its entirety and replaced with the revised
Appendix A, which reflects the above changes.
Originating: Gas System
Section Other items on City Manager Reports
Category: Agreements/Contracts - without cost
Public Hearing: No
Financial Information:
Review Approval
Chuck Warrinaton
07-20-2005
14:27:32
Garrv Brumback
08-04-2005
09:23:37
Laura Lioowski
08-01-2005
13:39:46
Bill Horne
08-04-2005
14:00:40
Cvndie Goudeau
08-05-2005
14:32:17
r-- -
~: Id.d
FIRST AMENDMENT
TO
GAS SUPPLY AND TRANSPORTATION AGREEMENT
This First Amendment to Gas Supply and Transportation Agreement (this "First
Amendment") is made and entered into as of the _ day of August, 2005, by and between
Peoples Gas System, a Division of Tampa Electric Company, a Florida corporation ("PGS"),
and Clearwater Gas System, a department of the City of Clearwater, Florida, a municipal
corporation organized and existing under the laws of the State of Florida ("CGS"), to amend certain
provisions of the Gas Supply and Transportation Agreement dated as of December 2, 2004
between PGS and CGS (the "Agreement").
WHEREAS, the parties desire to amend the Agreement in order to modify the location of
one of the meter stations to be installed by PGS pursuant to the Agreement.
NOW, THEREFORE, in consideration of the premises, the mutual promises contained
herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto, intending to be legally bound, hereby agree as follows:
1. All capitalized terms not otherwise defined herein shall have the meanings given to such
terms in the Agreement.
2. Section 3.3 of the Agreement is hereby amended and restated in its entirety to read as
follows:
Section 3.3 Meterina Eauipment and locations. PGS agrees to install all
facilities used to provide sales service to CGS hereunder and all such facilities shall
be owned, operated and maintained by PGS. Such facilities shall include two (2)
meter stations to serve CGS customers east of the Parkway, which meters shall be
generally located at or near (i) the intersection of Hays Road and Hudson Lane and
(ii) the Bexley entrance road just east of the intersection of the Parkway and State
Road 54, as indicated in Appendix A. In addition, PGS shall provide a temporary
compressed natural gas (CNG) facility near Connerton (to enable CGS to serve
customers in Connerton), as indicated in Appendix A. PGS shall provide such
temporary CNG facility until PGS has installed Gas Service Facilities capable of
providing natural gas service to Connerton, which Gas Service Facilities shall be
installed and ready for use no later than the earlier to occur of (x) June 2007 or (y)
the completion of 150 homes within Connerton. Said Gas Service Facilities shall
include a gas delivery main pipeline from the meter station at Hays Road and
Hudson Lane to CGS's connection point near the intersection of Hays Road and
State Road 52 (approximately two miles to the south). PGS shall ensure that any
service provided to customers other than CGS along this delivery main is
appropriately accounted for in the billing of service provided to CGS. If CGS elects
to receive transportation only service pursuant to Section 3.4, CGS shall (i) on
receipt of PGS's invoice therefore, reimburse PGS for all costs incurred for
telemetry and other equipment which PGS must install in connection with providing
transportation service, and (ii) provide, pay for and set up telecommunications lines
required for telemetry. Unless the parties agree otherwise, all facilities used to
provide transportation service to CGS hereunder shall be installed, owned,
operated and maintained by PGS.
3. Appendix A to the Agreement is hereby deleted in its entirety and replaced by Appendix A
attached hereto.
4. Except as modified by this First Amendment, the Agreement shall continue in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be
executed by their respective duly authorized officers as of the date first above written.
PEOPLES GAS SYSTEM, a division of
TAMPA ELECTRIC COMPANY
By:
William N. Cantrell
President
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
Frank Hibbard
Mayor
William B. Horne, II
City Manager
Approved as to form:
Attest:
Laura Lipowski
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
2
APPENDIX A
\8~'~
i4
o
..
..
City Council
_,.........~!l~~.!,..,~,~yer . ~~,.!!!.~~!..ncl~~"~=w......."...,,.,_..,',..,..,=,=
Trackino Number: 1,495
Actual Date: 08/15/2005
Subject / Recommendation:
Approve Change Order 1 to TLC Diversified, Inc. of Palmetto, Florida for the Northeast APCF Filter
Rehabilitation & Marshall St. APCF Blower Replacement Project (03-0066-UT) which increases the
contract amount by $329,216.00 for a new contract total of $2,724,921.00 and approve a time
extension of 45 days, and authorize the appropriate officials to execute same.
Summarv:
This contract was previously approved by the City Council on November 18, 2004 for
$2,395,705.00.
Change order 1 includes complete replacement of under drains and cores, for a total of fifty-seven
(57) sets, in twelve filters at the North East APCF. Upon shutting down filters and removing the
existing under drain cores, it was discovered that the condition of the cores had deteriorated,
making it infeasible to reinstall and reuse the original cores as stated in the contract. This
condition could not be detected prior to shutting down the filters.
Resolution 04-36 was passed on December 16, 2004, establishing the City's intent to reimburse
certain project costs incurred with future tax-exempt financing. The projects identified with 2006
revenue bonds as a funding source were included in the project list associated with Resolution
04-36.
A third quarter amendment will transfer budget and $24,216 of 2002 Water and Sewer Revenue
Bond proceeds to 0343-96613, NE Filter and MS Blower/MCC Rehab. from 0343-96665, Sanitary
Sewer R & R. An additional third quarter amendment will establish the 2006 Water & Sewer
Revenue Bond project 0378-96613 and transfer budget of $305,000 for interim financing or
funding with 2006 Water and Sewer Revenue Bond proceeds when issued from project
0378-96665. Both amendments will provide the $329,216 funding necessary for this change
order.
Originating: Public Services
Section: Other items on City Manager Reports
Category: Agreements/Contracts - with cost
Public Hearino: No
Financial Information:
Tvoe: Capital Expenditure
Bid Reauired? No
Bid Exceotions:
Other
Other Contract?
Change Order to contract
City Council
__,,,,,_,. Agen~.~.. Cove~, ,~el'!!.~,~.~~du~."@,=._,.,,.
Current Year Cost:
$329,216.00
Appropriation Code(s)
0378-96613-563800-535-000
0343-96613-563800-535-000
Amount
$305,000.00
$24,216.00
Comments
Review Approval
Garv Johnson
Bryan Ruff
07-25-2005 14:41:17
08-05-2005 14:31:34
07-29-2005 15:04:29
08-04-2005 13:49:01
08-01-2005 08:48: 14
08-04-2005 16:43:58
Cvndie Goudeau
Karen Dombrowski
Garrv Brumback
Bill Horne
Council Votes:
Frank V. Hibbard (Mayor - Councilmember, Seat 1):
Aye
Aye
Aye
Aye
Aye
Carlen A. Petersen (Councilmember, Seat 2):
Hoyt Hamilton (Councilmember, Seat 3):
Bill Jonson (Vice - Mayor - Councilmember, Seat 4):
John Doran (Councilmember, Seat 5):
~."d.3
CHANGE ORDER #1
DATE:
July 22, 2005
PROJECf: Northeast APCF Filter Rehabilitation & Marshall PROJECf NUMBER:
St. APCF Blower Replacement Project
03-0066-UT
PO REFERENCE NO.: ST 100403
CONTRACfOR:
TLC Diversified, Inc.
2719 - 17th Street East
Palmetto, FL 34221
DATE OF CONTRACf: 12/21/2004
SCOPE OF CHANGE:
CODE: 0343-%613-563800-535-000-0000 (A)
0315-96613-5638~533-000-0000(B)
0378-96613-5638~533-000-0000(C)
THIS CHANGE ORDER ACCEPTS REVISIONS TO THE CONTRACf
See attached sheet for additional items. Also approve a time extension of forty-five (45) days.
STATEMENT OF CONTRACf AMOUNT
ACCEPTED BY:
TLC Diversified, Inc.
ORIGINAL CONTRACT AMOUNT
CHANGE ORDER #1
NEW CONTRACf AMOUNT
$2,395,705.00
$ 329,216.00
$2,724,921.00
BY:
Thurston Lamberson, President
(SEAL)
Frank Hibbard, Mayor
Date:
Witnesses:
Bryan Ruff, Assistant City Attorney
ATTEST:
Cynthia E. Goudeau,
City Clerk
Recommended By: City of Oearwater
Date:
CITY OF CLEARWATER, in
PINELLAS COUNTY, FLORIDA
Gary A. Johnson, CGC
Public Services Director
William B. Horne, II
City Manager
Michael D. Quillen, P.E.
City Engineer
Page 2 of 2
Change Order #1
Northeast APCF Filter Rehabilitation & Marshall St. APCF Blower MCC Replacement (03-0066-UT)
ITEM DESCRIPTION
QUANTITY UNIT UNIT COST TOT At
Code "A" 0315-96613-563800-535-000-0000 $24,216 and
Code "C" 0378-96613-563800-535-000-0000 $305,000
Additional Item - Northeast Plant
Complete replacement of
Underdrains & Cores in twelve
2B (12) filters (57 sets) 1 LS $ 329,216.00 $
Total Additional Items $
329,216.00
329,216.00
Id.~
~~
u.~
City Council
Cover Memorandum
Tracking Number: 1,321
Actual Date: 08/15/2005
Subject I Recommendation:
Award a contract for the Drew Street and Lady Mary Drive Drainage Improvements
(03-0009-EN) to Castco Construction Company of Largo, Florida for the sum of $381,381.83
which is the lowest responsible bid received in accordance with the plans and specifications and
authorize the appropriate officials to execute same.
Summary:
The work proposed in this contract is for the construction of a new stormwater collection system
in the southern Drew Street right-of-way between Betty Lane and Stevenson Creek. The
primary purpose of this project is to provide conveyance of surface waters to Stevenson Creek
and to alleviate flooding at the Drew Street and Lady Mary Drive intersection.
The work to be performed will be the construction of a new storm sewer, inlets along Drew
Street and an upgraded outfall to Stevenson Creek. The contract includes all demolition work,
reconstruction of sidewalk, curb & gutter, roadway and minor utility relocation to accommodate
the new stormwater collection system.
Construction will require the closure of the eastbound right lane of Drew Street adjacent to the
work area for the contract duration.
An alternate path will be marked as an option to commuters wishing to bypass construction.
This path will travel south on Missouri Avenue to Cleveland Street, east on Cleveland Street to
Highland Avenue, then north on Highland Avenue returning to Drew Street.
This project will commence after award and execution of the contract (but not before the new
Memorial Causeway Bridge is open to traffic) and will be completed in 120 calendar days.
Sufficient budget and revenue are available in the '99 Stormwater Revenue Bond Construction
Fund project 0375-96124, Storm Pipe System Improvements, in the amount of $118,650.26 and
in the '02 Stormwater Revenue Bond Construction Fund project 0377-96124, Storm Pipe System
Improvements, in the amount of $262,731.57 for a total of $381,381.83 to fund this contract.
A copy of the contract is available for review in the Official Records and Legislative Services
office.
Originating: Engineering
Section Other items on City Manager Reports
Category: Construction Contracts - Public Works Originating
Number of Hard Copies attached: 1
Public Hearino: No
Financial Information:
~ Capital Expenditure
~A.. ...... ..fm. .....GB.... .tter. ....~.' .
u~_
City Council
Age!!da ~~~~~ .~Jtl:!!.~..!:~ nd u m _"~""'
Bid Required? Yes
In Current Year Budget?
Yes
Budget Adjustment:
No
Current Year Cost:
$381,381.83
Annual Operating Cost:
$0.00
For Fiscal Year:
10/01/2004 to 09/30/2005
Total Cost:
$381,381.83
Not to Exceed:
$381,381.83
Appropriation Code(s)
0375-96124
Amount
$118,650.26
Comments
'99 Stormwater Revenue Bond
Construction Fund
0377-96124
$262,731.57
'02 Stormwater Revenue Bond
Construction Fund
Review Approval
Michael Ouillen
Garry Brumback
07-20-2005 15:09:40
05-06-2005 16: 17:50
07-28-2005 07:55:45
05-06-2005 15:24:28
08-04-2005 10:51 :23
05-06-2005 15:29:54
07-20-2005 17:11:19
Brvan Ruff
Bill Horne
Georae McKibben
Cvndie Goudeau
Tina Wilson
Location Map
ELDRIDGE ST
~iD~~1 :
D~~ic=J~ ~ I
c=J a~D>-~lliD~ l
PARK ST ~ ~ ~II
I J ~Z LL ~L-Jt;
r7 CJ~[QJPIERCE ::i0' 0 ST~ WI?I". I~
lt~K(~ <{ Z
,,<i!' ~ ~""< FRANKLlN~
"v/ ~ FRANIglli ST I ~
C/R <{ DE LEON
w
~
DREW ST
w
>
<(
w ~ ~[l W D
~ o ~
W
aJ
RD FOREST
D
1= I-
0 en
u w
CI) 0::
w (J
0:: ...J
a.. ...J
I
Z
...J
o
(J
Z
...J
w s:
w
~ 0:: LU LU :>
0 ~ ~ w
<.9
Z
~
0
J
l
N City of Clearwater
~arwater w4t. Public Works Administration / Engineering
LoeA TION MAP
s DREW ST./ LADY MARY PROJECT
u~
~ Drawn By: S.K Reviewed By: 8.8. Scale: Not To Scale
Grid # 2878 S-T-R 15-29s-15e Date: 05/05/05
\~.6
City Council
Cover Memorandum
Tracking Number: 1,439
Actual Date: 08/15/2005
Subject / Recommendation:
Award contracts to Citation Management, Milwaukee, WI, for parking violation processing
services for the period October 1, 2005 through September 30, 2008 at a cost of $3.13 per
citation processed, estimated at $156,500 annually per the final evaluation of the Request For
Proposal #22-05 in accordance with the specifications and estimated at $53,500 for collection
agency services at a fee of 28% of total fines collected after 80 days for a total contract
estimate of $210,000 annually; and that the appropriate officials be authorized to execute same.
Summary:
The Pinellas County Clerk of the Court hasbeen processing the City's parking violations since
the mid-1970's for a nominal fee.
In 1998 the voters of Florida adopted arevision to amend Article V of the Florida Constitutior
to shift the responsibility for the funding of the court system from the counties to the state.
It was determined that processing parkingviolations is not a statutory requirement,
therefore, effective July 1, 2004 the state stopped all funding of this activity.
In FY '02 the county began billing the city forone-half of the actual costs involved with the
administration of the parking violation program and in FY '03 100% of actual costs.
Actual costs average $4.50 to $5.00per citation filed (approximately $225,000 to
$250,000).
Staff reviewed establishing a new costcenter for processing the violations internally and
determined that it was more cost effective to issue an RFP for a private firm to provide this
service.
An extensive RFP was developed to outsourcethis program. The scope includes: all
hardware and software for issuing the citations, back office software for noticing & coordination
with the State DMV for registration holds, customer service with an "800" call center for
questions, inquiries, disputes; various payment options including a 24 hour Interactive Voice
Response phone system for credit card payment, web payments, mail and drop box. Software
for reporting and delinquent citations will also be handled.
The Clerk of the Court will continue to hearany disputes. The fee for this service is
estimated to be in the range of $3.50 - $4.00 per hearing.
Two firms responded to the RFP andCitation Management was selected as the most
responsive and responsible vendor.
The agreement is based on an all-inclusive pertransaction fee of $3.13 per citation issued.
Based on approximately 50,000 citations issued, annual processing costs is anticipated to be
approximately $156,500.
~!~
u.~
City Council
Cover Memorandum
After 80 days all unpaid citations will be forwarded to the delinquent services section of
Citation Management for collection efforts. The costs for collection services is 28% of funds
collected, estimated at $53,500 annually.
Current annual gross parking fine revenueis approximately $800,000 (includes parking fines
and school crossing guard surcharges). Citation Management estimates future total annual
gross revenue at $1,000,000. Therefore, combined costs savings of $15,000 - $40,000 and
increased collections of approximately $200,000 equate to $215,000 -$240,000 increase in
revenue to the City.
This is a three (3) year contract with two (2)one (1) year renewal options. The per citation
fee for year one (1) and two (2) is $3.13. Contract year three (3) allows for a CPI increase.
Funding for this contract is included inthe 2005/06 City Manager's Recommended Parking
Fund Operating Budget Contractual Services in cost center 0435-01334, Parking Enforcement.
Copies of the contracts are available forreview at the Official Records and Legislative
Services Office.
Originating: Engineering
Section Other items on City Manager Reports
Category: Agreements/Contracts - with cost
Public Hearing: No
Financial Information:
Type: Operating Expenditure
Bid Required? Yes
Bid Numbers: 22-05
In Current Year Budget?
No
Budget Adjustment:
No
Current Year Cost:
$0.00
Annual Operating Cost:
$210,000.00
For Fiscal Year:
10/01/2005 to 09/30/2008
~.~
o~
City Council
Cover Memorandum
Total Cost:
$630,000.00
Appropriation Code(s)
0435-01334-530300-545-000
Amount
$210,000.00
Comments
Review Approval
Michael Guillen
Brva n Ruff
07-13-2005 15:02:30
07-19-2005 16:43:36
08-10-2005 21:50:45
07-15-2005 14:21:28
08-11-2005 14:46:32
07 -18- 2005 09:26:20
08-10-2005 10:40:54
Georae McKibben
Bill Horne
Tina Wilson
Cvndie Goudeau
Cyndie Goudeau
~:. \d.C~
COLLECTION AGENCY SERVICES AND FEE AGREEMENT
THIS AGREEMENT is made on the _ day
of , in the year 2005,
between The City of Clearwater, FL, a
municipal corpration existing under the laws of
the State of Florida, P. O. Box 4748,
Clearwater, Florida 33758-4748 hereinafter
referred to as ("Creditor") and Citation
Management, a division of Professional Account
Management LLC, 633 W. Wisconsin Avenue,
Suite 1600, Milwaukee, WI 53203, hereinafter
referred to as ("Agency"). The parties intend'
by this Agreement to provide for the collection
of delinquent parking fines and penalties
pursuant to the code of ordinances of the City
of Clearwater and Florida State Statutes. In
the furtherance of this purpose, the parties do
hereby agree to the following terms and
conditions, specified herein as defined in the
Request For Proposal (#22-05) Addenda to the
RFP #22-05 dated April 18, 2005, Citation
Management's response to the RFP #22-05
dated April 26, 2005 and Citation
Management's letters dated June 16 and June
30, 2005.
WITNESSETH
WHEREAS, Creditor desires Agency to
undertake the collection of Creditor's accounts
and other evidences of indebtedness from time
to time (hereinafter collectively referred to as
"Debt(s)"), in the manner and under the terms
and conditions hereinafter set forth; and,
WHEREAS, the parties contemplate a future
course of dealing as Creditor and Agency and
desire to set forth and define their respective
rights, obligations and liabilities in this
Agreement.
NOW, THEREFORE, in consideration of the
promises and mutual agreements as stated
herein, the parties agree as follows:
SECTION 1.
Creditor Performance
1.1 Authority to Collect. Creditor hereby
authorizes Agency to use any legal means to
collect the Debts placed with Agency by
Creditor.
1.2 Ownership of Debts. The Creditor shall
maintain ownership of all Debts placed with
Agency for collection under this Agreement.
Creditor maintains legal rights and title to
these accounts unless other arrangements are
made in writing between the Parties.
1.3 Creditor's Right to Legal Process.
Creditor in its sole discretion shall decide
whether to pursue the collection of a Debt
through the legal process, which may include
the hiring of an attorney at law. Such
attorney, if hired, shall be the Creditor's
attorney. The Creditor shall make all decisions
regarding litigation, garnishment, or other
legal process, including but not limited to any
issues pertaining to the statute of limitations.
Agency shall not be responsible or liable in any
respect for the performance of such attorney.
1.4 Creditor's Duty to Provide
Information. The Creditor agrees to provide
the Agency with all information it has obtained
regarding each Debt placed under this
Agreement. It is the obligation of the Creditor
to provide the Agency with any information it
has regarding the bankruptcy, death, legal
disability or other defenses (including a statute
of limitations defense) which may prohibit or
delay the collection of the Debt or in anyway
impact the ability of the Agency to collect the
Debt.
1.5 Creditor Warranties. Creditor warrants
that the Debts placed with Agency have been
reviewed by Creditor prior to transfer to the
Agency in accordance with this Agreement and
that the balances reported to Agency are
correct, that all obligors on the Debts have
been disclosed and that all disputes and
defenses of debtors have been reported to
Agency to the best of Creditor's knowledge.
1.6 Notice of Dispute. The Creditor shall
inform the Agency in writing, or by such other
means as the parties may expressly agree
from time to time, of any Debts subject to this
Agreement that have been disputed. Disputes
under this provision include both oral and
written indications or statements by the debtor
or any third party that the Debt is in dispute,
and includes but is not limited to a request for
validation of the Debt. If such dispute is made
in writing, Creditor shall also notify Agency of
the date of the writing and provide Agency
with the original dispute or a copy thereof.
1.7 Creditor's Continuing Duty. Creditor
has a continuing obligation to provide Agency
with the information required in paragraph 1.6
of this Agreement during the time such Debt is
placed with Agency for collection as well as any
time that the Agency is furnishing information
to a credit reporting agency about the Debt.
Page 1
8/12/2005
1.8 Authorization to Receive Payment
and Endorse Instruments. Creditor
authorizes and appoints Agency to collect and
receive for Creditor all sums of money due or
payable to Creditor for Debts placed with
Agency for collection or credit reporting.
Agency shall have authority to receive
payment in cash, check or money order, and
shall have authority to endorse checks, drafts,
money orders and other negotiable
instruments which may be received in
payment. All sums collected will be deposited
into a Trust Account as required by law at a
financial institution designated by the Agency.
The Agency will be responsible for all costs
related to the Trust Account. All checks,
drafts, money orders and other negotiable
instruments will be made payable to the
Agency. Agency will remit gross funds
collected, less return payment items, on a
weekly basis via EFT (Electronic Funds
Transfer).
1.9 Authorization to Investigate. Creditor
expressly authorizes Agency to perform
investigatory services in relation to the
ordinary debt collection activities it performs
for Creditor.
SECTION 2.
Aaencv Performance
2.1 Agreement to Collect. Agency agrees
to provide debt collection services to Creditor
in compliance with all applicable laws,
regulations, licensing requirements and
bonding requirements.
2.2 Documentation of
Accounts/Financial Reporting. Agency
shall provide Creditor with regular, detailed
reports of its collection activity regarding each
Debt. The reports shall include the principal
amount of the Debt; all amounts collected to
date including any allowable fees, costs and
interest; all dispute information; requests for
validation by debtor; agreements by the debtor
regarding future payments, bankruptcy, death
or legal disability of the debtor; the amount
deposited to the Trust Account and the amount
remitted to any attorney. Payment reports
shall be prepared and submitted by Agency to
Creditor on a weekly and monthly basis.
2.3 BILLING AND PAYMENT
PROCEDURES
Agency shall provide the Creditor on a monthly
basis with a statement and fee analysis that
accurately reflects the fees earned during the
preceding period. Fees earned by the Agency
will be based on the rates specified in Section
4.1 of this agreement applied to the amount of
funds deposited into the Trust Account during
the previous month. Agency will invoice the
Creditor on a monthly basis and the Creditor
will issue payment via a check or electronic
payment to the Agency. Payment terms will
be net 20 days from invoice date. A 1.5%
service charge per month will be assessed on
any balance 60 days or greater in age. The
Creditor shall either approve or reject the
statement and fee analysis. If these
documents are rejected by the Creditor,
Agency will be notified, and both parties shall
use their best efforts to resolve the disputed
items.
2.4 Credit Reporting. Agency will report
information regarding any Debt placed with it
for collection in accordance with this
Agreement to the following Consumer
Reporting Agencies: Equifax, Experian and
Trans Union. Agency agrees to comply with
the Fair Credit Reporting Act (FCRA) and all
applicable state and federal laws in making
such reports.
2.5 Adherence to ACA Code. Agency will
abide by the standards set by the American
Collectors Association, Inc. (ACA), which
includes the ACA Code of Ethics and the ACA
Code of Operations.
2.6 Insurance and Bond Coverage.
Agency will maintain at least the minimum
level of insurance and bond coverage which is
required by ACA and state law in all
jurisdictions in which it is engaging in collection
activity to collect Debts placed with it by the
Creditor.
2.7 Licenses and Certificates of
Authority. Agency will maintain all licenses
and certificates of authority which are required
by law in each state in which it is engaging in
regulated collection activity with regard to
Debts placed with it by Creditor.
2.8 Trust Account. Agency warrants that it
will maintain a trust account as required by
any state law or regulation in which it is
engaging in collection activity to collect Debts
placed with it by the Creditor.
2.9 Methods of Debt Collection. Agency
shall use only ordinary and reasonable
collection efforts as permitted by law and shall
comply at all times with the Fair Debt
Collection Practices Act (FDCPA), the Fair
Confidential
Page 2
8/12/2005
Credit Reporting Act (FCRA) and all other
applicable state, federal and local laws and
regulations.
SECTION 3.
Legal Process
3.1 Decision Making Authority. Creditor
reserves the right to decide whether Debts
shall be placed in litigation, including Debts
subject to a forwarding agreement. In keeping
with this authority, Creditor may authorize
Agency in writing to retain an attorney for
Creditor on prescribed terms and to commence
litigation in the name of the Creditor.
3.2 Authority and Role of Attorney. An
attorney selected by Agency under paragraph
3.1 for this purpose, shall be considered
Creditor's attorney. Creditor may authorize
Agency in writing to conduct correspondence
with any such attorney and to receive
payments made by the debtor on its behalf.
However, notwithstanding any agreement to
the contrary, the conduct of the attorney shall
at all times be subject to the control of
Creditor, and the attorney may report directly
to Creditor or indirectly to Creditor through the
Agency.
3.3 Attorneys Fees. The attorney shall
charge an agreed fee to Creditor directly or the
attorney may be authorized to deduct it from
the proceeds collected. Either Agency or the
attorney may advance necessary legal costs as
allowed by law, but Creditor agrees to
reimburse the appropriate party for any
disbursements thus made to the extent that
money is not recovered in an amount sufficient
to cover these disbursements. When the
attorney collects a Debt in whole or in part,
attorney may deduct fees and remit the
balance to Agency which shall be authorized to
deduct the agreed commission and
disbursements, before remitting the balance to
Creditor.
3.4 Forwarded Claims. Creditor reserves
to itself the decision whether any forwarded
Debt shall be placed in litigation, and may
appoint in writing such other collection agency
as its agent to retain an attorney and
commence litigation.
SECTION 4.
Fees and Remuneration
4.1 Contingency Fee. The cost of the
collection services described in this Agreement
shall be based upon a contingency fee. A Debt
placed for collection with Agency or with an
attorney to obtain judgment or otherwise
satisfy payment of this account, shall be
subject to a collection fee of 28% of the
unpaid balance for first placed accounts and
380/0 for legal accounts. This amount shall be
in addition to any other costs incurred directly
or indirectly by Agency or Creditor's attorney
to collect amounts owed under this Agreement
such as court costs, sheriff's fees, and interest,
late fees, investigatory fees, credit reporting
fees, etc.).
4.2 Authority to Advance Costs and
Expenses. Creditor authorizes Agency to
advance amounts for court costs, fees on any
litigation or legal proceeding which creditor has
authorized and costs which relate to the
collection of Creditor's Debts. Creditor
authorizes Agency to retain amounts equal to
such costs and fees on Debts it collects as
reimbursement for Agency's expenditures.
4.3 Reimbursement of Costs and
Expenses. If Agency advances the payment
of any costs or expenses authorized by
Creditor by way of this Agreement or any other
and an insufficient amount of money is
collected by Agency on that particular Debt to
reimburse Agency for the expenditure; Creditor
shall reimburse Agency for all such costs and
expenses not covered by the amount collected
on the Debt. If paid by Agency, said amounts
shall be construed as additional costs of
collection.
4.4 Authorization to Add Interest and
Fees. Creditor authorizes Agency to add
interest, charges, civil penalties, litigation and
process fees, court costs and such other
expenses relating to the collection of Debts as
provided by law or contract and to collect this
amount from the debtor.
4.5 Attorney Fees. Creditor authorizes
Agency to add attorney fees to the principal
debt in an amount not to exceed that
permitted by law in the jurisdiction in which
the debtor is located or by contract, and to
collect such attorney fees from the debtor as
permitted by law. Any amount of attorney fees
collected shall be the property of the Creditor.
However, any amount of attorney fees
collected shall be part of the total amount
collected upon which the Agency's fee is based.
4.6 NSF and Disputed Payments. In the
event that any payment previously reported to
Confidential
8/12/2005
Page 3
the client is returned as NSF or reversed as
disputed, agency will reverse the amount of
such payment. All Agency fees taken on such
payment shall be reversed from the current
month's billing statement.
SECTION 5.
Riaht Of Creditor To Withdraw Accounts
5.1 Terms of Withdrawal. Creditor
may request the return of any and all accounts
which it has placed with Agency within thirty
(30) calendar days of written demand. Agency
agrees to return all such accounts to Creditor
along with a financial record of the accounts
including amounts collected, commission
retained, additional fees, interest and charges
added to account as authorized by Creditor,
and a detailed account of any amount of
money Agency has expended on behalf of
Creditor which Agency is seeking to retain.
Creditor authorizes Agency to retain all
commissions on those accounts to which
Agency is entitled under this Agreement and to
retain all costs and expenses which Agency has
expended on behalf of Creditor.
SECTION 6.
Termination and Notice
6.1 Term of Agreement. This period of
performance under this Agreement shall be for
three (3) years to coincide with the separate
processing agreement and shall become
effective upon execution by both parties. The
term of the agreement may then be
automatically renewed annually for two (2)
additional one (1) year periods at the
Creditor's option with the written mutual
agreement of both parties, after the initial
three (3) year period.
6.2 Termination. Either party may
terminate this Agreement for any reason.
Notice of termination shall be provided by
mailing such notice to the non-canceling party
by U.S. Mail at its last known business
address. In the event of termination of this
Agreement, the Creditor shall pay all
commissions, as herein agreed, on debts that
have been collected through the end of the
Agency's business day on the date of notice of
termination.
Agency shall remit balances due to Creditor
under the terms of this Agreement and provide
a detailed report to Creditor of collection
activity up to and including the date of
termination within thirty (30) calendar days of
receipt of notice of termination.
6.3 Notice. Except as otherwise expressly
provided herein, any notice required or desired
to be served, given or delivered hereunder
shall be in writing and shall be deemed to have
been validly served, given or delivered, (a)
forty-eight (48) hours after deposit in the U.S.
Mail, with proper postage prepaid, certified
return receipt requested; or (b) one (1)
business day after delivery to a reputable
overnight delivery service; or (c) upon delivery
by courier or in person to the following
addresses:
If to Creditor: City of Clearwater
Attention: Parking Manager
100 South Myrtle Ave
Clearwater, FL 33758
If to Agency: Citation Management
A division of
Professional Account
Management LLC
633 W. Wisconsin Avenue
Suite 1600
Milwaukee, WI 53203
SECTION 7.
Hold Harmless
7.1 Creditor Representations. Creditor
agrees to comply with all applicable laws
regarding the subject matter of this .
Agreement, to at all times act in good faith,
and to indemnify and hold Agency harmless for
all acts or omissions committed by Creditor
and for all alleged wrong doings which create
legal or other liability.
7.2 Agency Representations. Agency
agrees to comply with all applicable laws
regarding the subject matter of this
Agreement, to at all times act in good faith,
and to indemnify and hold Creditor harmless
for all acts or commission committed by
Agency and for all alleged wrongdoings which
create legal or other liability.
SECTION 8.
Governina Law
8.1 Applicable Law. This Agreement is
made pursuant to the laws of the State of
Confidential
Page 4
8/12/2005
Florida and shall be construed in accordance
with those laws.
8.2. Arbitration. Any controversy arising
out of or related to this Agreement or the
breach thereof shall be settled by arbitration in
accordance with the Rules of the American
Arbitration Association (AAA) in Milwaukee,
Wisconsin. Another location for arbitration
under the Rules of AAA may be chosen if
mutually agreed by the parties. This contract
shall be deemed to be a written agreement to
arbitrate any controversy between the parties
as outlined herein. The consideration given by
the parties as described in this contract shall
be deemed consideration adequate to support
this agreement to arbitrate.
A judgment upon the award rendered by the
arbitrators may be entered in any court having
jurisdiction thereof in accordance with
Wisconsin law except as otherwise provided
herein. Any arbitration shall be conducted by a
retired judge hired from Resolute Systems
Inc., or a successor entity (collectively,
"Resolute"). The arbitrators shall have all
powers of a court of law in the relevant
jurisdiction. Such powers shall include but
shall not be limited to: (a) the power to issue
temporary restraining orders and injunctions;
(b) the power to award damages; (c) the
power to issue subpoenas; and (d) the power
to issues all orders and to take all actions
necessary to enforce their jurisdictions as
provided by law.
The identity of the arbitrator shall be agreed
upon by the parties. In the absence of an
agreement, one (1) arbitrator shall be selected
by Resolute under its standard selection
procedures using any reasonable and fair
method.
An award in arbitration shall be final and
binding upon the parties and enforceable under
law.
The prevailing party in any arbitration
proceeding herein shall be awarded its costs
and expensed including reasonable attorney
fees. For purposes of this contract, a
"prevailing party" shall be the party awarded
any nonmonetary relief sought or more than
fifty percent (50%) of the monetary damages
sought.
Confidential
SECTION 9.
Miscellaneous
9.1 Modification. This Agreement shall be
modified only by written instrument signed by
duly authorized representatives of both parties.
9.2 Nonwaiver. The failure of either party to
insist, in anyone or more instance, upon the
performance of this Agreement, or the failure
to exercise any right or privilege herein
conferred, shall not be construed as a waiver
of any such covenant, conditions, rights, or
privileges, but the same shall continue and
remain in full force and effect.
9.3 Counterparts. This Agreement may be
executed by the parties hereto in separate
counterparts, each of which when so executed
and delivered shall be an original, but all such
counterparts shall together constitute one and
the same instrument. Each counterpart may
consist of a number of copies hereof, each part
signed by less than all, but together signed by
all the parties hereto.
9.4 Authorization. Those signing below
warrant that they are representatives of the
parties and are authorized to enter into this
Agreement, and are acting pursuant to a
resolution of their respective boards of
directors, if such resolution is required, prior to
entering into such agreement.
Page 5
8/12/2005
IN WITNESS WHEREOF, the parties have
executed this Agreement as of the day first
written above.
CITATION MANAGEMENT, A DIVISION OF
PROFESSIONAL ACCOUNT MANAGEMENT
LLC
By
Its:
Countersigned:
CITY OF CLEARWATER, FLORIDA
Frank V. Hibbard
Mayor
Approved as to form:
Bryan D. Ruff
Assistant City Attorney
Confidential
By:
Attest:
William B. Horne II
City Manager
Cynthia E. Goudeau
City Clerk
Page 6
8/12/2005
~'.\Q,~
AGREEMENT FOR PROCESSING PARKING CITATIONS
This Service Agreement is made by and between
Citation Management, a division of Professional
Account Management LLC, 633 W. Wisconsin
Avenue, Suite 1600, Milwaukee, WI 53203,
hereinafter referred to as "Contractor" and The City
of CLEARWATER, FL, a municipal corporation
existing under the laws of the State of Florida, P. O.
Box 4748, Clearwater, Florida 33758-4748,
hereinafter referred to as "Agency" and entered into
this _ day of ,2005. The
parties intend by this Agreement to provide for the
processing of fines, penalties, and forfeiture thereof,
in connection with the issuance of citations for
parking violations, and the collection of delinquent
parking fines and penalties pursuant to the code of
ordinances of the City of Clearwater and Florida
State Statutes. In the furtherance of this purpose,
the parties do hereby agree to the following terms
and conditions, specified herein as defined in the
Request For Proposal (#22-05) Addenda to the RFP
#22-05 dated April 18, 2005, Citation Management's
response to the RFP #22-05 dated April 26, 2005
and Citation Management's letters dated June 16 and
June 30, 2005.
ARTICLE I-PROCESSING
1.1 REFERRAL AND
RECONCILIATION
Contractor shall receive and process parking
citations, which the Agency mails or delivers to the
Contractor. The Agency shall deliver, mail, or
transmit all parking citations issued daily. The
Contractor will make three (3) drop box pickups of
parking citations each week at one (1) location to be
determined within the City of Clearwater. The
Contractor will provide a local bonded courier service
to empty and secure the contents of the drop box
and have delivered to the Contractor overnight.
Contractor will provide a daily reconciliation of the
number of citations delivered by the Agency.
1.2 COMPUTER PROGRAMS AND
HARDWARE
Contractor will provide all the computer programs,
written procedures and other supporting items used
in carrying out the purpose of this Agreement. The
Contractor shall provide the Agency with the Model
Series X3 AutoCITE Handheld Computers. The
Contractor shall be responsible for the warranty and
maintenance of all the hardware and software
including the AutoCITEs and other computer
equipment listed on Exhibit A. The Agency is
responsible for any damage, loss, and/or theft of
any/all computer hardware, software, and/or
equipment used by the Agency at the Agency
location.
1.3 BASE PROCESSING
Citations issued by the Agency (AutoCITE or manual)
will be entered onto the Contractor's Service Center
Computer System and cleared upon payment or
other disposition. Requests for Registered Owner
Confidential
Page 1
information will be sent to the appropriate
Departments of Motor Vehicles (DMV). The Notice
of Illegal Parking (NOI) will be generated to the
Registered Owner and the penalty or fine amount
requested. Return payments will be made directly to
the Contractor. DMV registration holds will be placed
on vehicles having unpaid parking fines and fees due
against those vehicles according with the Florida
Vehicle Code and other applicable state and local
laws. The Contractor will be responsible for any
and all Court, State, and DMV charges for the hold
placement. DMV holds shall be removed through
DMV when the registered owner satisfies the entire
amount of parking citation fines, fees, and penalties
due against the vehicle. Once the citations have
been entered into the system, it will be the
Contractor's responsibility to complete all the
processing required by the Agreement, even after
the termination of the Agreement.
1.4 NOTICE GENERATIONS AND
MAILING
The Notice of Illegal Parking (NOI) will be generated
by Contractor and mailed by the Contractor to the
Registered Owner requesting the penalty and/or fine
amount due. Postage for the notices will be paid by
the Contractor. Return payments will be made
payable to the Agency and mailed directly to the
Contractor. The Contractor will complete all
collections and banking activity.
1.5 SUSPENSION OF PROCESSING
Contractor shall suspend processing any citation
referred to it for processing upon written notice to do
so by the Agency. Contractor shall maintain records
indicating any suspension of a citation as a result of
Agency's request. Contractor shall be paid the
contractual rate hereinafter provided for processing
these suspended citations.
1.6 COMPUTER SYSTEM
Contractor will provide Agency with Internet inquiry
capability at the Agency location for inquiry into the
system for retrieval of parking citation information.
This capability will be in the form of five (5)
concurrent user licenses installed at the Agency
location. The Agency will be responsible for all
connection and/or line costs.
1.7 CONTESTED CITATIONS
In the event a registered vehicle owner disputes the
liability for the outstanding parking citation, the
Contractor shall advise the registered vehicle owner
of his/her right to request a court appearance, or an
administrative review or hearing by the Agency.
1.8 CITATIONS DISPOSED OF BY
REVIEW HEARING OR COURT
The Contractor, as a result of an administrative
review or hearing, or court action, may be required
to reduce, cancel or void, on an individual basis,
parking citations, which have been referred to it.
Contractor shall be paid the contractual rate
hereinafter provided for processing the citation
8/12/2005
regardless of the outcome of such action. Contractor
shall maintain records indicating any reduction or
cancellations of parking citations as a result of such
action.
1.9 SERVICE OPTIONS
Agency shall receive, and pay for services as
outlined in Attachment "A" (Schedule of Fees).
1.10 OUT-OF-STATE CITATIONS
FOLLOW-UP COLLECTIONS
Parking citations issued on out-of-state registered
vehicles will be entered onto the system the same as
in-state citations. If they become delinquent (as
specified in Attachment A) a collection follow-up
process will be completed by the Contractor.
Requests for registered owner information will be
sent to the appropriate state agency and delinquent
notices will be mailed. The fine and penalty amounts
will be requested from the registered owner and
instructions issued for payment to be to the
Contractor. The fee for this follow-up collection
service is listed on Attachment "A".
1.11 COLLECTION AND DEPOSIT OF
FUNDS
At the direction of the Agency, the Contractor shall
collect and deposit monies received for the payment
of parking citation fines and fees into the Agency's
parking fine processing bank account at a financial
institution designated by the Agency. The Agency will
be responsible for all costs related to the Agency's
parking fine processing bank account. Contractor
will receive payments from vehicle owners through
the mail and will provide and maintain at it's expense
a Post Office Box for receipt of parking citation
payments at a Post Office of the Contractor's choice
local to the Contractors designated Payment
Processing Center.
1.12 IVR PAYMENTS
Contractor shall provide the public with the ability to
pay parking citations using an accepted credit card
via the Contractor provided Interactive Voice
Response system. The cost for this service,
including credit card discount fees, will be recovered
by the Contractor in the form of a convenience fee
assessed to the violator for each such credit card
payment. Funds received from credit card payments
made via the Contractor's IVR system will be
deposited to a Merchant Services Account
maintained by the Contractor at the Contractor's
expense. The balance of the Merchant Services
account will be transferred to a bank account
designated by the City on a weekly basis.
1.13 INTERNET PAYMENTS
At the option of the Agency, the Contractor shall
provide the public with the ability to pay parking
citations using an accepted credit card via the
Contractor provided Internet payment site.
The costs for this service, including credit card
discount fees, will be recovered by the Contractor in
the form of a convenience fee assessed to the
violator for each such credit card payment. Funds
Confidentiai
Page 2
received from credit card payments made via the
Contractor's Internet system will be deposited to a
Merchant Services Account maintained by the
Contractor at the Contractor's expense. The balance
of the Merchant Services account will be transferred
to a bank account designated by the City on a
weekly basis.
ARTICLE II - GENERAL
2.1 PUBLIC INQUIRIES
The Contractor will process telephone calls, and
correspondence. Explanations of the process for
contesting violations, including the judicial appeal of
the administrative review, hearing, or court
appearance that may come to the attention of the
Contractor, will be handled by the Contractor with
the guidelines set forth in the Vehicle Code and the
Agency. The Contractor, under strict guidelines of
the Agency or Court, will schedule Court and/or
Agency Hearings and Administrative Reviews where
applicable.
2.2 CONTRACTOR LIMITATIONS
Contractor may not do any of the following, without
Agency's prior approval, in writing:
(a) Take any legal action;
(b) Threaten any legal action; or
(c) Make any communication, oral or
written, regarding potential legal action.
(d) Disclose any information regarding
driving records or registration information which is in
violation of the provisions of the laws of the State of
Florida.
2.3 USE OF APPROVED FORMS
All forms, delinquency notices, and correspondence
sent by the Contractor must conform to State and
local law and Agency procedures, and be approved
by the Agency.
2.4 TAXES AND FEES
The Contractor will meet any Agency requirements
for a Business License, Local or State Sales or Use
Taxes, but the cost of such license, state or local
taxes, or any other recurring fees will be the
responsibility of the department operating our
systems. The Contractor will pay these taxes or fees
when required.
ARTICLE III - COMPENSATION
The Agency shall compensate the Contractor for
services according to the Schedule of Fees attached
hereto as Attachment "A" and the terms of this
Article III.
3.1 PROCESSING SERVICES
For performance of the processing services described
in Article I, the Agency will pay the Contractor the
rate set forth on the Schedule of Fees, Attachment
A, for each parking citation entered and processed
8/12/2005
by the Contractor, regardless of the ultimate
disposition or processability of such citation. No
extra processing charge shall be made for a citation
determined to be unprocessable pursuant to
paragraph 1.1 and subsequently corrected and re-
entered into the database. Delinquent In-State and
Out-of-State Collection Services, Special Collection
Processing Services and any other follow-up services
are in addition to regular processing as described in
the Schedule of Fees. The contingency fees are only
for delinquent In-State and Out-of-State Collection
Services, delinquent Special Collection Processing
Services and/or any other delinquent follow-up
services, are not for citations in those categories
which are paid prior to referral for Collection
Services.
3.2 BILLING AND PAYMENT
PROCEDURES
Contractor shall provide the Agency on a monthly
basis with a statement and fee analysis that
accurately reflects the fees earned during the
preceding period. Contractor will invoice the Agency
on a monthly basis and the Agency will issue
payment via a check or electronic payment to the
Contractor. Payment terms will be net 20 days from
invoice date. A 1.5% service charge per month will
be assessed on any balance 60 days or greater in
age. The Agency shall either approve or reject the
statement and fee analysis. If these documents are
rejected by the Agency, Contractor will be notified,
and both parties shall use their best efforts to
resolve the disputed items.
3.3 CONSUMER PRICE INDEX
ADJUSTMENTS
The Contractor will be entitled to a cost of living
adjustment to take effect on the first day of contract
year three (3) of this Agreement and each annual
renewal period thereafter based on the United States
Department of Labor, Consumer Price Index, All
Items, Unadjusted, Urban Areas (CPI-U) for the
previous twelve (12) month period ending March
31st. Contractor must notify the Agency in writing
prior to April 30th with the new per ticket fee and the
inflationary rate used to determine the new fee
structure.
ARTICLE IV - TERM OF AGREEMENT
4.1 PERIOD OF PERFORMANCE
The Period of Performance under this Agreement
shall be for three (3) years and shall commence
upon the approval as attested by the signing by the
Agency and the Contractor.
4.2 RENEWAL
The term of the Agreement may then be
automatically renewed annually for additional two
(2) one (1) year periods at the Agency's option with
the written mutual agreement of both parties, after
the initial three (3) year period.
Confidential
Page 3
4.3 PRICE INCREASES
The Contractor may request other price increases,
thirty (30) days prior to date of the Agreement. Any
increase in price for this Agreement, excepting CPI in
paragraph 3.4, shall require prior written approval by
the Agency.
4.4 TERMINATION
This Agreement may be terminated in writing,
without cause, by either party upon one-hundred
twenty (120) days written notice to the other party,
from the date of execution of the Agreement. This
Agreement may be terminated upon the failure of
either party hereto to fulfill any of its obligations
under this Agreement provided that the party
aggrieved by such default has given to the other
party written notice of such default and, for a period
of sixty (60) days from the date of such notice, and
the defaulting party has failed or refused to remedy
such default.
4.5 COMPENSATION
Upon termination of this Agreement, Contractor shall
be compensated for parking citations processed
through the date of termination of the Agreement.
4.6 APPROPRIATION CLAUSE
This Agreement shall be subject to the availability of
an appropriation by the City of Clearwater in each
fiscal year; provided, however, that (i) the City of
Clearwater and agrees to use its reasonable best
efforts to obtain such appropriation in its budget,
and (ii) that in the event the City of Clearwater
fails to obtain an appropriation for the services
described herein, the City of Clearwater covenants
and agrees that it will not permit any other person or
entity to provide the same or similar services.
ARTICLE V - CONFIDENTIALITY
5.1 MATERIALS CONFIDENTIAL
All reports, information, data files and tapes
furnished or prepared by the Contractor, its sub-
contractors, successors or assigns (to the extent
hereinafter allowed) for the purpose of transmittal to
the Agency pursuant to this Agreement are
confidential.
5.2 CONSENT REQUIRED FOR
DISCLOSURE
No report, information, data files, or tapes furnished
or prepared by the Contractor or its sub-contractors,
successors or assigns, shall be made available to any
individual or organization without the prior written
approval of the Agency, other than individuals or
organizations who "are reasonably necessary to
effectuate the terms and conditions of this
Agreement or as required by State law.
8/12/2005
ARTICLE VI - CLAIMS AND ACTIONS
6.1 REASONABLE ASSISTANCE OF
CONTRACTOR
In the event any claim or action is brought against
the Agency relating to Contractor's performance or
services rendered under this Agreement, the
Contractor shall render any reasonable assistance
and cooperation, which the Agency might require.
6.2 AGENCY COOPERATION
In the event any claim or action is brought against
the Contractor relating to the Contractor's
performance of services rendered under this
Agreement, the Contractor shall notify the Agency, in
writing, within five (5) days, of said claim or action.
Agency shall render any reasonable assistance and
cooperation that the Contractor might require.
6.3 INDEMNIFICATION BY
CONTRACTOR
Contractor agrees to indemnify and hold Agency
harmless against any and all liability, costs, and
expenses, including attorney's fees, occasioned by
claims or suits for loss or damages arising out of acts
of the agents, servants, employees, successors, or
assigns (to the extent hereinafter allowed) of the
Contractor during the term of this Agreement.
6.4 INDEMNIFICATION BY AGENCY
Agency agrees to indemnify and hold Contractor
harmless against any and all liability, costs, and
expenses, including attorney's fees, occasioned by
claims or suits for loss or damages arising out of acts
of the agents, servants, employees, successors, or
assigns (to the extent hereinafter allowed) of the
Agency during the term of this Agreement.
6.5 INSURANCE
Contractor shall, at its expense, provide general
public liability insurance, in an amount not less than
$1,000,000.00, with the Agency named as an
additional insured, and with the insurance carrier
and form of policy subject to approval by the Legal
Counsel of Agency. Contractor shall provide a
certificate of insurance, showing the Agency, its
officers and employees, as an additional insured,
with a provision that the policy shall not be canceled
or terminated except upon thirty (30) days prior
written notice to Agency. Upon request by Agency,
Contractor shall furnish the original or a copy of such
insurance coverage, which shall be maintained at all
times during the term of this agreement. In addition
to the said liability insurance, Contractor shall
provide and maintain workers' compensation
insurance as required by law and shall furnish a
certificate to the Agency showing such coverage in
effect.
Confidential
Page 4
ARTICLE VII - SUB-CONTRACTING AND
ASSIGNMENTS
7.1 SUB-CONTRACTING
Contractor is authorized to engage sub-contractors
at the Contractor's expense. Contractor shall notify
Agency of the name, address, and other personal
information reasonably requested by agency
regarding any proposed sub-contractor, within 24
hours after Contractor retains said services. If
Agency disapproves of the use of such sub-
contractor, Contractor shall immediately cease to use
same on Agency's account. This approval by the
Agency may not be unreasonably withheld.
7.2 ASSIGNMENTS
This Agreement may not be assigned without the
prior written consent of the Agency.
ARTICLE VIII - INDEPENDENT
CONTRACTOR
8.1 CONTRACTOR'S RELATIONSHIP
The Contractor's relationship to the Agency in the
performance of this Agreement is that of an
independent Contractor. Personnel performing
services under this Agreement shall at all-times be
under the Contractor's exclusive direction and
control and shall be employees of the Contractor and
not employees of the Agency. Contractor shall pay
all wages and salaries and shall be responsible for all
reports and obligations respecting them relating to
social security, income tax withholding,
unemployment compensation, worker's
compensation, and similar matters. Neither
Contractor nor any agent or employee of Contractor
shall obtain any right to retirement benefits or other
benefits that accrue to employees of the Agency,
Contractor hereby expressly waives any claim it
might have to such rights.
8.2 EQUAL OPPORTUNITY EMPLOYER
Contractor is an Equal Opportunity Employer and
does not discriminate in the hiring, firing, or other
employment practices engaged in by it.
ARTICLE IX-ENURE AGREEMENT
9.1 INTEGRATED AGREEMENT
This contract is intended by the parties as a final
expression of their Agreement and also as a
complete and exclusive statement of the terms
thereof, any prior oral or written Agreement
regarding the same subject matter notwithstanding.
This Agreement may not be modified or terminated
orally, and no modification or any claim of waiver of
any of the provisions shall be effective unless in
writing and signed by both parties.
8/12/2005
9.2 COMPLIANCE WITH APPLICABLE
LAWS
Contractor agrees to comply with all laws within the
State of Florida governing the conduct of business,
including but not related to laws pertaining to
licenses, taxes, corporate regulations, and collection
practices.
9.3 GOVERNING LAW
Agency and Contractor agree that the law governing
this Agreement shall be that of the State of Florida.
9.4 CONFLICTING INTERPRETATIONS
Should conflict arise between this Agreement and the
documents referenced in the introduction to this
Agreement, the referenced documents shall govern.
WHEREFORE the parties hereto have entered into
the Agreement on the day and year first hereinabove
written. The agreement is to be prepared in
duplicate and after acceptance by the Agency; a
duplicate copy shall be forwarded to the Contractor.
Citation Management, a division of
Professional Account Management LLC:
By:
Title:
Countersigned:
CITY OF CLEARWATER, FLORIDA
Frank V. Hibbard
Mayor
Approved as to form:
Bryan D. Ruff
Assistant City Attorney
Confidential
Page 5
9.5 NOTICES TO PARTIES
Any notice required under this Agreement to be
given to either party may be given by depositing in
the United States mail, postage paid, first-class, a
notice addressed to the following:
Contractor:
Citation Management, a division of
Professional Acct. Mgt. LLC
633 W. Wisconsin Ave
Suite 1600
Milwaukee, WI 53203
Agency:
City of Clearwater
Attn: Parking Manager
P. O. Box 4748
Clearwater, FL 33758
By:
William B. Home II
City Manager
Attest:
Cynthia E. Goudeau
City Clerk
8/12/2005
ATTACHMENT A
SCHEDULE OF FEES
The processing fee per citation for the period of this
Agreement will be based on the following options:
RATE PER CITATION ISSUED:
$3.13 will be the processing fee.
The fee will be subject to CPI increases as described
in Section 3.3 of the Agreement. Fee is applicable
for parking citations generated by handheld
computers and electronically transferred to Citation
Management and for manual parking citations
processed by Citation Management into the citation
master file. The 1st Delinquent Notice and 2nd
Delinquent Notice mailing and postage are included
in this price.
CONTRACTOR PROVIDED EQUIPMENT:
The Contractor will supply hardware, software and
other equipment required for the purpose of this
Agreement as identified and specified as required for
the Core and Tier 2 Solution in the Contractor's RFP
Proposal (#22-05) dated April 26, 2005, Addenda to
RFP #22-05 and Citation Management letters dated
June 16 and June 30 2005.
ADDITIONAL FEES:
Should the City require the Contractor to prepare
and mail other regularly scheduled Notices, such as
Habitual Offender Letters, the City and the
Contractor will negotiate the fee to be assesed for
said Notices.
IVR/INTERNET PAYMENT USER
CONVENIENCE FEES
The Contractor will assess and collect a convenience
fee from violators who elect to pay their parking
citations using the Contractor provided pay by phone
(IVR) and pay by Internet options. The convenience
fee will be $2.95 per transaction or 5% of the total
for transactions in excess of $100.
DELINQUENT OUT-OF-STATE FOLLOW-UP
COLLECTION PROCESSING:
The fees for Out-of-State citation follow-up collection
processing shall be twenty-eight percent (28%)
of the revenue received on Out-of-State citations
that become delinquent, and 80 days has passed
since the issue date. The Contractor will require that
the Agency execute a standard collection services
agreement before undertaking any collection
processing.
DELINQUENT IN-STATE FOLLOW-UP
COLLECTION PROCESSING:
The fees for In-State citation fOllow-up collection
processing shall be twenty-eight percent (28%)
of the revenue received on In-State citations that
become delinquent, and 80 days has passed from
the issue date. The Contractor will require that the
Agency execute a standard collection services
agreement before undertaking any collection
processing.
Confidential
Page 6
DATA CONVERSION:
Conversion of existing Clancy System data files will
not incur any additional charges.
SYSTEM ENHANCEMENTS
System enhancement or customization requests
beyond the five (5) consulting days for design,
development and testing of any reports not included
in the standard reporting suite beyond will be billed
at the rate of $150 per hour.
BACKLOG CITATION PROCESSING:
All original citations, accompanied by all dispositions
for the same period, defined as the backlog, will be
processed by Contractor at no additional charge.
\d,U,
City Council
Cover Memorandum
Tracking Number: 1,502
Actual Date: 08/15/2005
Subiect / Recommendation:
Approve a Special Project Grant Agreement between the City of Clearwater and the Department of
Housing and Urban Development in the amount of $201,184 for design work for Beach Walk and
authorize the appropriate officials to execute same.
Summary:
In September 2002 the City received a Housing and Urban Development Special Project Grant in
the amount of $490,000 for the Beach Walk design.
As the design progressed additional design efforts were needed in utility locations; geotechnical
work; Coastal Construction Line field survey; and South Beach Pavilion coordination. A peer
constructibility review was also performed.
This additional grant for $201,184 will reimburse expenses incurred subsequent to February 20,
2003. All of the above additional design costs were incurred subsequent to that date and are
eligible for reimbursement.
Beach Walk plans are out to bid, with the bid opening scheduled for August 17, 2005.
A third quarter amendment will increase the budget for HUD grant funding (331690) by $201,184
in the Capital Improvement Program project 0315-92267, Coronado/ S. Gulfview Streetscape.
A copy of the grant agreement is available for review in the Office of Official Records and
Legislative Services.
Originatinq: Engineering
Section: Other items on City Manager Reports
Category: Agreements/Contracts - with cost
Public Hearing: No
Financial Information:
~ Other
Review Approval
Michael Ouillen 07-28-2005 15:25:02
Cvndie Goudeau 08-12-2005 08:22:33
Karen Dombrowski 07-29-2005 08:11:03
Cvndie Goudeau 08-11-2005 15:26:27
Bryan Ruff 07-29-2005 13:20:31
Bill Horne
stet
City Council
....."_"_Ag~~51a "f,!:!~,~! Memora ndu m ,~,._=..,~
08-11-2005 22:58:35
FY 2003 EDI-SPECIAL PROJECT NO. B-03-SP-FL-0141
GRANT AGREEMENT
This Grant Agreement between the Department of Housing and Urban
Development (HUD) and City of Clearwater (the Grantee) is made pursuant to the
authority of Public Law 108-7 (the FY 2003 Appropriations Act for HUD and other
agencies) and House Report 108-10 (the Conference Report on the Appropriations Act).
The amount shown below is 99.35% of the amount specified in the Conference Report
because of a .65% rescission mandated in the Act. The Grantee's application package, as
may be amended by the provisions ofthis Grant Agreement, is hereby incorporated into
this Agreement.
In reliance upon and in consideration of the mutual representations and obligations
hereunder, HUD and the Grantee agree as follows:
Subject to the provisions ofthe Grant Agreement, HUD will make grant funds in
the amount of$20l,184 available to the Grantee.
The Grantee agrees to abide by the following:
ARTICLE I. HOD Requirements.
. ..The Grantee agrees to comply with theJQllQwingrequirements for which BUD.
has enforcement responsibility.
A. The grant funds will only be used for activities described in the application,
which is incorporated by reference and made part ofthis Agreement as may
be modified by Article VII (A) of this Grant Agreement.
B. EQUAL OPPORTUNITY REQUIREMENTS
The grant funds must be made available in accordance with the following:
1.
For projects involving housing, the requirements of the Fair Housing
Act (42 U.S.C. 3601-20) and implementing regulations at 24 CFR
Part 100; Executive Order 11063 (Equal Opportunity in Housing)
____8.!1<!i~pleITlentingEegu.l~ion.s~!J_~_gFR Part 1 07. ___
2. The requirements of Title VI of the Civil Rights Act of 1964
(42 D.S.C. 2000d) (Nondiscrimination in Federally Assisted
Programs) and implementing regulations issued at 24 CFR Part 1.
3. The prohibitions against discrimination on the basis of age under
the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and
implementing regulations at 24 CFR Part 146, and the prohibitions
against discrimination against handicapped individuals under section
504 of the Rehabilitation Act of 1973 (29 U.S.c. 794) and
implementing regulations at 24 CFR Part 8.
Re: \~.(o
r
4. The requirements of24 CFR 5.105(a) regarding equal opportunity
as well as the requirements of Executive Order 11246 (Equal
" Employment Opportunity) and the implementing regulations issued
at 41 CFR Chapter 60.
5. For those grants funding construction covered by 24 CFR 135, the
requirements of section 3 of the Housing and Urban Development
Act of 1968, (12 U.S.c. 1701u) which requires that economic
opportunities generated by certain HUD financial assistance shall,
to the greatest extent feasible, be given to low- and very low-income
persons and to businesses that provide economic opportunities for
these persons.
6. The requirements of Executive Orders 11625 and 12432
(concerning Minority Business Enterprise), and 1213 8
(concerning Women's Business Enterprise). Consistent with
HUD's responsibilities under these Orders, the Grantee must make
efforts to encourage the use of minority and women's business
enterprises in connection with grant funded activities. See 24 CFR
Part 85.36(e) , which describes actions to be taken by the Grantee to
assure that minority business enterprises and women business
enterprises are used when possible in the procurement of property
and services.
7. Where applicable, Grantee shall maintain records of its efforts to
comply with the requirements cited in Paragraphs 5 and 6 above.
C. ENVIRONMENTAL REVIEW REQUIREMENTS.
1. If the Grantee is a unit of general local government, a State, an Indian
Tribe, or an Alaskan Native Village, the Grantee agrees to assume all of
the responsibilities for environmental review and decision- making and
actions, as specified and required in regulations issued by the Secretary
pursuant to the Multifamily Housing Property Disposition Reform Act of
1994 and published in 24 CFR Part 58.
------2.
If--the.. . Grantee--is a --hollsing--authonty.---t"ec:levelopment--ageney,-..
academic institution, hospital, or other non-profit organization, the
Grantee shall request the unit of general local government, Indian
Tribe, or Alaskan Native Village, within which the project is located and
which exercises land use responsibility, to assume all of the
responsibilities for environmental review and decision-making as
specified in paragraph C.l above, and the Grantee shall carry out all of the
responsibilities ofa recipient under 24 CFR Part 58.
D. Administrative requirements ofOMB Circular A-l33 "Audits of States,
Local governments and Non-Profit Organizations."
E. For State and Local Governments, the Administrative requirements of
24 CFR Part 85, including the procurement requirements of 24 CFR Part
85.36, and the requirements ofOMB Circular A-87 regarding Cost
Principles for State and Local Governments. For Non-Profits, the
Administrative requirements of 24 CPR Part 84, including the procurement
requirements of24 CFR Part 84.40, and OMB Circular A-122 regarding
Cost Principles for Non-Profit Institutions. For Institutions of Higher
Education the applicable OMB Circular regarding Cost Principles is A-2l.
F. The regulations at 24 CFR Part 87, related to lobbying, including the
requirement that the Grantee obtain certifications and disclosures from
all covered persons.
G. Restrictions on participation by ineligible, debarred or suspended persons
or entities as described in Executive Order 12549 and at CFR 24 Part
5.105(c).
H. The Uniform Relocation Act as implemented by regulations at 49 CFR
Part 24.
. T The Granfee-willcomply with all accessibility requiremenfs uiidersection---~
504 ofthe Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing
regulations at 24 CFR Part 8, where applicable.
ARTICLE II. Conditions Precedent to Draw Down.
The Grantee may not draw down grant funds until the following actions have taken place:
A. The Grantee has received and approved any certifications and disclosures
required by 24 CFR 87.100 concerning lobbying and by 24 CFR 24.5l0(b)
regarding ineligibility, suspension and debarment.
B. Any other conditions listed in Article VII ( C ) of this Grant Agreement.
ARTICLE III. Draw Downs.
A. A request by the Grantee to draw down grant funds under the Voice
Response Access system or any other payment system constitutes a
representation by the Grantee that it and all participating parties are
complying with the terms of this Grant Agreement.
B. The Grantee will be paid on an advance basis provided that the Grantee
minimizes the time elapsing between transfer of the grant funds and
disbursement for project purposes and otherwise follows the requirements
of24 CFR Part 85 or Part 84 and Treasury Circular 1075 (31 CFR Part 205).
C. Before the Grant Agreement is signed, the Grantee may incur cost for activities
which are exempt from environmental review under 24 CFR Part 58 and may
charge the costs to the grant. Funds provided by this grant however, may not be
used for reimbursement of expenses incurred prior to the enactment of The Act
authorizing these funds on February 20,2003.
ARTICLE IV. Progress Reports.
A. The Grantee shall submit to the Grant Officer a progress report every six months
after the effective date of the Grant Agreement. Progress reports shall consist of
(1) a narrative of work accomplished during the reporting period and (2) a
completed Financial Status Report - Form 269 A.
HUD may require additional information or increased frequency of reporting as
described in Article VII ( C ).
B. The performance reports must contain the information required under 24
CFR Part 85.40(b) (2) or 24 CFR Part 84.51(a), as applicable including a
comparison of actual accomplishment to the objectives indicated in the
approved application, the reasons for slippage if established objectives were not
met, and additional pertinent information including explanation of significant cost
overruns.
C. ~o gran.tclta\yg.o_WllS willlJe~j}proved for projects with9J'erdu~.QI"Qg!'~!).L.
reports.
ARTICLE V. Project Close-out.
A. The grantee shall submit to the Grant Officer a written request to close-out the
grant 30 days after the grantee has drawn down all funds and completed the
activities described in the application, as may be amended. The final report shall
consist of (1) a narrative of all work accomplished during the project period and
(2) a completed Financial Status Report - Form 269 A covering the entire project
period.
HUD will then send the Close-out Agreement and Close-out Certification to the
Grantee. At HUD's option, the Grantee may delay initiation of project close-out
untiltne resolution.of any HUD momtonngfIiidings. IrHUD exercises lli~------
option the Grantee must promptly resolve the findings.
.----1
I
B. The Grantee recognizes that the close-out process may entail a review by
HUD to determine compliance with the Grant Agreement by the Grantee
and all participating parties. The Grantee agrees to cooperate with any
review in any way possible, including making available records requested
by HUD and the project for on-site HUD inspection.
C. The Grantee shall provide to HUD the following documentation:
1. A Certification of Project Completion.
2. A Grant Close-out Agreement.
3. A final financial report giving the amount and types of project costs
charged to the grant (that meet the allowability and allocability
requirements ofOMB Circular A-122, A-87 or A-21 as applicable,
including the "necessary and reasonable" standard); a certification of
the costs; and the amounts and sources of other project funds.
4. A final performance report providing a comparison of actual
accomplishments with each ofthe project commitments and
objectives in the approved application, the reasons for slippage
if established objectives were not met and additional pertinent
information including explanation of significant cost overruns.
D. The Grantee agrees that the grant funds are allowable only to the extent that
the project costs, meeting the standard ofOMB Circular A-122, A-87 or
A-21 as applicable, equal the grant amount plus other sources ofproject
funds provided.
En
When HUn lias detefil1ihed-tliartlie-grantfunos ate allowable,
the activities were completed as described by the Grant Agreement,
and all Federal requirements were satisfied, HUD and the Grantee
will sign the Close-out Agreement and Close-out Certificate.
E. The Close-out Agreement will include the Grantee's Agreement to abide
by any continuing federal requirements.
ARTICLE VI. Default.
A default under this Grant Agreement shall consist of using grant funds for a
purpose other than as authorized by this Agreement, any noncompliance with legislative,
regulatory, or other requirements applicable to the Agreement, any other material breach
ofihis-A:greement;-or any material-misrepresentatiorrin-the-application submissions~ ------- ...
ARTICLE VII. Additional Provisions.
A. Project Description. The project is as described in the application with the following
changes: ~O~
B. Changes or Clarification to the Application Related to Participating Parties:
The Administrative Agent if any:
C. Special Conditions:
~O~
U.S. Department of Housing
and Urban Development
City of Clearwater
Mr. William B. Horne
Authorized Signature
Authorized Signature
Donald P. Mains
Deputy Assistant Secretary
for Economic Development
Title
Date
Date
City Council
Cover Memorandum
\~.1
Tracking Number: 1,482
Actual Date: 08/15/2005
Subject / Recommendation:
Approve increasing the Marina budget $525,000.00 to cover the increased cost of fuel.
Summary:
The Ross System will not allow for expenditures over the allotment stipulated. The Marina will
run out of funds to pay for the increased cost in fuel before the 3rd quarter amendment period
in September.
With the Council's approval, we would like to increase the funds in Marina code 311, items for
resale, by $525,000.00 to cover the cost to purchase fuel.
Revenue Code 347574 will be increased by $600,000.00 to account for the difference between
what the City pays for fuel, and the $0.25 per gallon we make on the sale.
Originating: Marine and Aviation
Section Other items on City Manager Reports
Category: Other
Public Hearing: No
Financial Information:
~ Operating Expenditure
Bid Required? No
Bid Exceptions:
Emergency
In Current Year Budget?
Yes
Budget Adjustment:
Yes
Budget Adjustment Comments:
From expected revenues
Current Year Cost:
$600,000.00
For Fiscal Year:
08/01/2005 to 09/30/2005
,-
~~
u~ ~enda Cover Memorandum
_,,,,,,,,,,,,,,,,,,,'" "~"~m'''''''''" _""",""""''''''''m''''''''''''''''''''''''''''''''''''_~ "" "~@""",,,,,,,_,,,,,,,,,,,'m,"',
City Council
Total Cost:
$600,000.00
Not to Exceed:
$600,000.00
Comments
Expected revenue from fuel sales
Appropriation Code(s)
347574
Amount
$600,000.00
Review Approval
Bill Morris
07-19-2005 11:40:33
Cvndie Goudeau
08-10-2005 10:42:30
Tina Wilson
08-08-2005 13:08:26
Bill Horne
08-10-2005 21 :49: 10
Cyndie Goudeau
08-11-2005 14:47:25
\~.8
~
City Council
Cover Memorandum
...
o
-
o~
Tracking Number: 1,487
Actual Date: 08/15/2005
Subiect / Recommendation:
Pass Ordinance 7514-05 on first reading, amending Section 2.102 of the Code to reduce the
number of board members for the Beautification Committee from seven members to five
members.
Summary:
The Code of Ordinances, Section 2.102, states that "The Beautification Committee shall be
composed of seven members who shall be residents of the City".
Currently, the Board has only five members and no one on the waiting list. This void on the
Board is in its eighth month.
Currently, it is not uncommon for the Board to not have a quorum to conduct business. This has
a negative effect on their ability to handle the business for each meeting.
It is recommended to reduce the number of Board positions to the current level of five, which will
allow for a smaller quorum for the Board to conduct business.
Oriainating: Parks and Recreation
Section: Other items on City Manager Reports
Cateaorv: Code Amendments, Ordinances and Resolutions
Number of Hard Copies attached: 0
Public Hearina: No
Financial Information:
Review Approval
Kevin Dunbar 08-02-2005 11:32:30
Cvndie Goudeau 08-11-2005 15:27:05
La u ra Li Dowski 08-02-2005 15:59:45
Bi II Horne 08-11-2005 22:57:07
Cyndie Goudeau 08-12-2005 08:23:48
ORDINANCE NO. 7514-05
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO THE BEAUTIFICATION
COMMITTEE, AMENDING SECTION 2.102, CODE OF
ORDINANCES, TO REDUCE THE NUMBER OF
MEMBERS FROM SEVEN TO FIVE; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Section 2.102, Code of Ordinances, is amended to read as follows:
Sec. 2.102. Composition.
The beautification committee shall be composed of five seven members who
shall be residents of the city.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard, Mayor
Approved as to form:
Attest:
Laura Lipowski
Assistant City Attorney
Cynthia E. Goudeau, City Clerk
Ordinance No. 7514-05
\ d.~
City Council
Cover Memorandum
Tracking Number: 1,509
Actual Date: 08/15/2005
Subject / Recommendation:
Appoint the Citizen Advisory Committee (CAe) to assist in the preparation of the Evaluation and
Appraisal Report (EAR) required for the Comprehensive Plan and Pass Resolution No. 05-36.
Summarv:
The State of Florida Department of Community Affairs through Chapter 163, Florida Statutes,
requires all local governments in Florida to periodically review their comprehensive plans through
the Evaluation and Appraisal Report (EAR) process, and it is the intent of Chapter 163 that the
public participate in the EAR process to the fullest extent possible.
It is the responsibility of local planning agencies and local governmental units to adopt procedures
designed to provide effective public participation in the EAR process, and the City of Clearwater
has determined that the formation of a CAC is an appropriate way to provide effective public
participation.
The Planning Department is requesting the City Council to formally create a CAC comprised of
representatives from the seven neighborhood districts in the City of Clearwater who will represent
diverse interests within the community. City staff from the planning, engineering, development,
parks and recreation, economic development, housing and utilities departments will also
participate.
The City is required to submit an EAR by October 1, 2006 to the Department of Community
Affairs, and this resolution will establish the membership of the CAC that will participate in the
EAR process for the review of the City of Clearwater Comprehensive Plan.
Oriainating: Planning
Section: Other items on City Manager Reports
Category: Code Amendments, Ordinances and Resolutions
Number of Hard Copies attached: 0
Public Hearing: No
Financial Information:
Review Aporoval
Gina Clavton 08-05-2005 16:47: 53
Cvndie Goudeau 08-12-2005 08:25:50
Michael Delk 08-08-2005 09:10:10
Cvndie Goudeau 08-11- 2005 15:37:57
Leslie Dougall-Sides 08-09-2005 11:48:58
Bill Horne
City Council
""",_~,,,,,~g,!!~~da,,~,,~ve.r MemO!~~;~_f:t~_!!!_"""",;",_";.,;,;"",,,;;;~,,_;;,,,,,,;,_"~*"";;;;"'*"';;;;;;;,;;;,;;;""'__,;;;;;*'
08-11-2005 22:55:06
RESOLUTION NO. 05-36
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, APPOINTING THE 2005-2006 CITIZEN
ADVISORY COMMITTEE (CAC) FOR THE
COMPREHENSIVE PLAN EVALUATION AND APPRAISAL
REPORT PROCESS; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the State of Florida Department of Community Affairs through
Chapter 163, Florida Statutes, requires all local governments in Florida to periodically
review their comprehensive plans through the Evaluation and Appraisal Report (EAR)
process; and
WHEREAS, it is the intent of Chapter 163 that the public participate in the EAR
process to the fullest extent possible; and
WHEREAS, it is the responsibility of local planning agencies and local
governmental units to adopt procedures designed to provide effective public
participation in the EAR process; and
WHEREAS, the City of Clearwater has determined that the formation of a CAC is
an appropriate way to provide effective public participation; and
WHEREAS, the City of Clearwater is required to submit an Evaluation and
Appraisal Report by October 1, 2006 to the Department of Community Affairs; and
WHEREAS, the City of Clearwater desires to establish a CAC composed of
representatives from the seven neighborhood districts in the City of Clearwater who will
represent diverse interests within the community; now therefore,
BE IT RESOLVED by the City Council of the City of Clearwater, Florida:
Section 1. The 2005-2006 CAC for the Comprehensive Plan EAR process is
established and consists of the members as shown in Exhibit A.
Section 2. That the 2005-2006 CAC will employ the process outlined in Chapter
163, Florida Statutes, in the Comprehensive Plan review for the City of Clearwater.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED
Resolution No. 05-36
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Resolution No. 05-36
EXHIBIT A
CITIZEN ADVISORY COUNCIL
Name Neiahborhood District
Frank Dame 1
Nicholas Fritsch 1
Russ Kimball 1
Josh Magidson 1
Laron Barber 2
Reginald Braswell 2
Barbara Green 2
Margaret Hightower 2
Judy Melges 2
Michael Sanders 2
Bryan Stanley 2
Duke Tieman 2
Norma Carlough 3
Sondra Kerr 3
Elizabeth France 4
Odilon Mezquite 4
Rod Lease 5
Bill Murray 5
Rob Boos 6
Helen Kerwin 6
Douglas Booher 7
Laura St. Clair Downtown Area
Elizabeth Freeman Pinellas County
Planning Department
Resolution No. 05-36
\~. \0
City Council
Cover Memorandum
Trackina Number: 1,490
Actual Date: 08/15/2005
Subiect / Recommendation:
Approve nominations for the Florida League of Cities "Florida Cities of Excellence Awards" for Bill
Horne (City Manager of the Year), Cyndie Goudeau (City Clerk of the Year), and the City of
Clearwater (Florida City of Excellence Award).
Summary:
The staff have nominated Bill Horne for the Florida League of Cities "City Manager of the Year",
Cyndie Goudeau for "City Clerk of the Year", and the City of Clearwater for "Florida City of
Excellence Award". All three of these awards require a nomination by a majority vote of the
Council.
Oriainating: City Manager
Section: Other items on City Manager Reports
Category: Other
Financial Information:
~ Other
In Current Year Budget?
No
Budaet Adjustment:
No
Current Year Cost:
$0.00
Review Approval
Bill Horne
08-11-2005
22:56:10
Cvndie Goudeau
08-12-2005
08:24:57
Cyndie Goudeau
08-11-2005
15:28:07
~'. Id.10
WILLIAM B. HORNE II, CITY MANAGER OF THE YEAR
Bill Home has been city manager in Clearwater, Florida since July 2000 after a
year as the city's assistant city manager. Home's service in local government follows a
distinguished career in the Air Force from which he retired in 1998 as Colonel. Home's
military career was highlighted by several high-level staff positions and was the
commander of Y ohota Air Base in Japan. His education includes a Master of Political
Science from Auburn University, a Master of Human Resources Management from
Pepperdine University and a Bachelor of Science in Chemistry from the University of
Tulsa.
The charge of all civil servants is to provide the best services and programs, given
the community's resources, and must be done with the highest integrity and ethics. Public
trust is arguably the single most important factor for effective government. If
compromised, it is very difficult to restore. When earned, it must be protected and can
enhance emerging tasks. Upon appointment as city manager, Home encountered an
environment in which a large referendum had recently failed and the problem appeared to
be a lack of confidence in the City Manager. Home placed a premium on good, open,
honest communication, raising citizen awareness about their local government, and
encouraging participation. Now, citizen input is not only welcomed and encouraged, it is
actively solicited. Clearwater's City Council is revising its strategic vision, and Home
believes it will be done best with input from citizens. Eight strategic public meetings
throughout the city will allow every citizen the opportunity to voice his or her vision of
the city's future.
1-
Home has designed several programs to reach out, inform, and involve citizens in
their local government. To achieve this, Home put several new initiatives into practice,
including:
· Clearwater 101: A Citizen's Academy, that brings the inner workings oflocal
government to 20 Clearwater citizens each year;
· GotGov!: a new youth initiative that encourages young people to become active
in their government while nurturing them as the city's next generation of voters
and leaders;
· Enhanced Town Hall Meetings, held in different locations throughout the city,
where city staff and Council members update citizens on construction projects,
development activities, city services and new programs;
· A bi-monthly newsletter-style advertisement in the St. Petersburg Times that
showcases library programs, recreation opportunities, special events and more;
· Focal Point, a television show that Home hosts. Airing on C- VIEW TV,
Clearwater's local channel, the program showcases non-profit and community
.
agencIes;
A quarterly capital improvement newsletter sent to residents and business
owners that provides construction updates, including roadwork, construction
detours, lane closures and time lines for project work;
A Mission and Vision Pamphlet, including a video version that is broadcast on
the city's local access channel, that outlines a 20-year plan and shorter term work
parameters for the city.
.
2
Home has led an amazing transformation of this coastal community with nearly
109,000 residents by restoring trust and involving citizens. Redevelopment of this built-
out city has hit full stride, and many pivotal projects require Home to achieve consensus,
craft public and private partnerships, and develop a strategy for the Clearwater City
Council's twenty-year vision of Clearwater.
Among the redevelopment projects that Home has spearheaded in a challenging
economic environment are:
· $20-million main public library on the downtown waterfront;
· A new sports complex that includes the area's first extreme skate park with a
30,000 square foot playground with Woodward ramps, jumps and rails;
· $70-million bridge connecting Clearwater's downtown to Clearwater Beach;
· A new state-of-the-art baseball stadium, which serves as the Spring training home
of the Philadelphia Phillies and the minor league home of the Clearwater
Threshers (an affiliate of the Philadelphia Phillies).
These projects are only the beginning. Scheduled for ground breaking in
September 2005 is "Beach Walk", Clearwater's $15-million promenade along the beach.
A wide meandering boardwalk with adj acent sidewalk cafes and boutiques will serve
pedestrians who stroll along a realigned Gulfview Boulevard on South Beach. The city is
offering incentives to private developers to revitalize the area's aging and dated hotel
stock. The results have exceeded all expectations with three high quality resorts approved
along Beach Walk.
3
Home has also established a new working culture during his tenure. He truly
believes that the City of Clearwater has no greater resource than its employees, and he
uses his considerable interpersonal skills to make employees comfortable and even
encourages them to share their thoughts with him. Home's outstanding love for service
and commitment to local government, along with his deep appreciation for the staff
exemplify the type of leadership needed in the challenging field of public administration.
His management approach includes equal measure of patience, perspective and
consistency, all of which are vital when working with a dynamic elected body. Home
always gives the City Council latitude to exercise their professional judgment within
clearly defined long-term expectations, creating an environment for the Council to excel.
By providing guidance and clarification in matters of policy change, Home supports the
Council's ownership of policy decisions. Finally, professional ethics and morals are
paramount in Home's leadership style. He leads by example, both in thought and in
action. Under his watch, he has personally raised expectations of accountability and
ethical decision-making for all city employees.
Home's dynamic, committed and adaptable capabilities are evident on a daily
basis. While his job, by its nature, is constantly changing, he uses his keen intellect to
devise solutions for every possible situation. He works though issues with staff and
Council members to guarantee that the city's actions and vision are consistent. At 5
o'clock when most employees end their day, Home remains at his desk, often finding it
the best time to catch up on his myriad of e-mails and phone messages. In addition to
long working hours, Home finds it important to be visible to the public, and tries to
attend every public meeting possible. This allows him opportunities to nurture the two-
4
way communication he has established with citizens. Home takes pride in working until
the job is not only completed, but also done correctly. The City of Clearwater proudly
nominates Bill Home, an exemplary leader, for this award of distinction.
5
~ '. j d. iO
.
Since her appointment in 1985, Cyndie Goudeau continues to exhibit commitment,
initiative, integrity, and innovation in her position as City Clerk. Her active roles in various
professional and citywide organizations have helped her establish a network of resources and
keep the function of a city clerk dynamic and progressive.
Her involvement with the International Institute of Municipal Clerks, Pinellas County
Municipal Clerks Association, Florida Association of City Clerks (F ACC), and Leadership
Pinellas show her continued commitment to uphold the responsibilities expected of a city clerk
and her initiative to learn and share new practices with colleagues. During the past year, Cyndie
was elected Director for the Florida Association of City Clerks' Central West District. In this
position, Cyndie acts as a liaison between F ACC and city clerks in this district and serves on the
F ACC Board of Directors. The Central West District is composed of nine counties, representing
over sixty municipalities. Her pursuit to keep the city clerk's role dynamic is demonstrated by
Cyndie's commitment to continuing education. In March 2005, Cyndie attained the second level
of the Master Municipal Clerk Academy. The International Institute of Municipal Clerks (lIMC)
offers this certification program to its members who wish to further develop their skills and
knowledge and embrace active participation in their profession. Cyndie served as the
Chairperson for the FACC's Legislative Committee, keeping Board members and the Committee
informed of legislative activity in Tallahassee and forwarding Legislative Alerts to appropriate
parties. As an alumna and active member of Leadership Pinellas, Cyndie serves as Secretary for
the Executive Board and coordinates the annual class trip to Tallahassee. In 2005, Cyndie
headed the committee that planned the IIMC Region III meeting held at the Tradewinds in Saint
Pete Beach. This meeting brought together city clerks from the states of Alabama, Georgia,
North Carolina, South Carolina, and Florida.
.
In an effort to improve the department's efficiency and customer service, Cyndie has
been the driving force behind the City enhancing its Electronic Document Management System
and Electronic Agenda Workflow Program. The Electronic Document Management System has
improved employees and citizen's ability to access City records such as contracts, leases, deeds,
ordinances, City Council minutes, and council mail. This software has proven to be an
innovative way to manage important documents in a cost-effective and time efficient manner.
Employees and citizens no longer need to make, or store, unnecessary copies of documents nor
must they wait for an employee to send a hard copy. Citizens may also access these records
through the City's Internet website.
The current Electronic Agenda Workflow Program was co-developed with Identitech to
streamline the council agenda process while reducing paper waste. The Electronic Agenda
Program allows agenda items to be routed electronically instead of physically, saving time and
paper costs. This process allows different city departments to collaborate on agenda items
electronically and expedite the process through the City Manager and City Clerk's office more
efficiently. Originally, this program was to produce a paperless agenda that was user-friendly
and integrate the Electronic Document Management System. ldentitech changed its focus
regarding its products and has since been bought out. Due to these events, Cyndie has worked
with the Information Technology Department this past year to find a program that will allow the
City to reach its ultimate goal: a paperless agenda workflow program with document
.
.
.
.
management and automatic minutes production capabilities. Procedures to commence
installation ofthe new program are scheduled to occur within the next few months.
In addition to her duties as city clerk, Cyndie acts as the City's official Legislative
Liaison and oversees the grant and appropriation programs. Working with various City
Departments and with the assistance of Federal and State lobbyists, Cyndie guided the City's
legislative efforts, resulting in the City being awarded over $5,000,000.00 in appropriations for
FY 2005. The grants program has generated more than $3,000,000.00 in funding for the City
during the past year. She also works closely with the City Council, City departments, and the
Florida League of Cities to address legislation that impacts municipalities.
Cyndie also finds time to volunteer at North Ward Elementary during the school year.
She spends time each week with a second grade class she has adopted and contributes funds to
assist with purchasing needed supplies.
May 25, 2005
Cynthia Goudeau
112 South Osceola Avenue
Clearwater, FL 33758-4748
Dear Cyndi:
.
This is just a short note to thank you for all your work and effort on behalf of Leadership
Pinellas this past year. From the opening retreat, through the class days, the alumni social
events, the L.E.A.D days, changes to the by-laws, meetings with the other local
Leadership groups, updates to the LP web site, our Youth Leadership program, the
recruitment socials, successful class projects, the closing retreat and annual meeting, and
everything else in between, this has been a very busy and productive year.
It has been my honor to have served as the LP president. A lot of long term planning has
been put into place for our organization and I hope you will continue to stay actively
involved and take a leadership role for years to come.
We are all ambassadors for Leadership Pin ell as so please continue to get the word out to
the community so that we will always be the premier leadership organization that we are.
Thanks again for the great year!
;(~
Michael D. Bollenback
President, 2004-2005
.
- .
/", ~
~~ J ~I ,~. e ,/peAt! Y&q
_L 7dt/444'.tf~-D
/~V'"~~V\-e...r "-
,f" ) , I
1"1 C"'1<lf(~
IS.
-14" ~
as K-Jl..
P.O. Box 5986 ~ Clearwater, FL 33758-5986 · (727) 585-8889 · wwwleadershippinellascom
.
Board of Directors
2004-2005
Faith G. Miller. MMC
President
2345 Providence Boulevard
Deltona, FL 32725
(386) 561-2100
Betty M. Richardson, CMC
Vice President
P.O. Box 490630
Leesburg, FL 34749
(352) 728-9732
Lisa Bums. CMC
Recording Secretary/Treasurer
P.O. Box 16930
Temple Terrace, FL 33687
(813) 989-7175
Tammy K. Vock. CMC
Corresponding Secretary
Information Officer
1053 20th Place
Vera Beach, FL 32960
(561) 978-4700
.
Judy L Bullock. CMC
Northeast Director
11 N. 3'. Street
Jacksonville Beach, Fl 32250
(904) 247-6299
Suzanne M. NeSmith. CMC
Northwest Director
P.O. Drawer 9
Greenwood, FL 32443
(850) 594-1216
Marge Strausbaugh. (MC
Central East Director
PO. Box 56
Mascotte. FL 34753-0056
(3521 429-3341
Cynthia E. Goudeau. CMC
Central West Director
P.O. Box 4748
Clearwater, Fl 33758-4746
(727) 562-4091
Barbara McDaniel. MMC
Southeast Director
6591 Orange Drive
Davie, FL 33314
1954) 797-1023
Bonnie J. Vent CMC
Southwest Director
PO. Box 150027
Cape Coral. FL 33915
(2391 574-0417
eeresa M. Soroka, (MC
mmediate Past President
19200 W. Country Club Drive
Avenlura. FL 33180
(305) 466-8901
Florida Association of City Clerks, Inc.
Founded October 26, 1972
www.municode.com/facc
June 28, 2004
.f? ~ C. J= /'\v",E [', 'I
. -~. ," .'.........;. r.t..,_... .', ;
JUN ~3 0 2004
Mrs. Cynthia E. Goudreau, CMC
City Clerk
City of Clearwater
P. O. Box 4748
Clearwater, FL 33758-4748
_~ fi. :~f,;~~~~s;:~~;
Dear Cyndie:
Congratulations on your election as District Director for the Central West
District! The members have displayed their faith and trust in your
leadership abilities, a trust which is well-deserved and will serve you well
as you undertake the duties and responsibilities of this position.
I have enjoyed working with you in the past and I look forward to
continuing that relationship as we continue to provide our members with
the education, knowledge, expertise and networking opportunities that will
enhance them personally and professionally and better enable them to
carry out their duties associated with the municipal clerk's office.
Thank you again for your professionalism, friendship and willingness to
participate in this organization. Please do not hesitate to contact me if I
can assist you in any way.
2Aio.iUL
Faith G. Miller, MMC
President
fgm
CELEBRATING OVER 30 YEARS OF PROFESSIONAL EDUCATION
~'. id. lO
City of Clearwater, City of Excellence
Governance/Administration
Clearwater has established a clear vision and priorities that help guide their decisions: public
safety, economic development, infrastructure maintenance, quality oflife and human resources.
In a time of growth and change in Clearwater, the manager's core message has been Building our
Future Together, a message that has resonated throughout the community as reflected in a
growing spirit of partnership and collaboration.
As Clearwater moves from infrastructure improvement to private development, the Council is
revisiting the mission and vision priorities, and will hold a series of neighborhood-based meetings
this fall to refine and refocus the framework for future Council decisions.
Clearwater's achievements and progress are reflected each year in the city's capital planning
document, budget, comprehensive annual financial report, annual report and the manager's
annual "State of the City" address to Council.
City Leadership
Clearwater leaders place a priority on teamwork, collaboration and innovation. Senior leaders are
encouraged to find collaborative solutions, and management provides regular forums to discuss
shared challenges. The city's two appointed positions, city manager and city attorney, enjoy a
collegial relationship that helps the city anticipate issues well in advance of any decision, limiting
unexpected results from both administrative and Council action.
Clearwater is a supporting member if the Innovation Groups (IG), and leaders throughout the
organization participate in IG programs and idea-sharing networks. The manager also distributes
relevant articles and hosts a "leadership book club" where senior leaders share thoughts on
management and leadership writings.
Many of these department leaders have held or currently hold leadership positions in professional
or community organizations, and Clearwater currently has more than 15 graduates of Leadership
Pinellas either on staff or on the City Council. More than 40 city leaders have graduated from the
program in the last 25 years.
Intergovernmental Cooperation
Partnerships have been at the heart of the city manager's focus, and they are reflected throughout
the organization:
The new Memorial Causeway Bridge relied on support on the federal, state and
county level to accelerate the bridge's replacement schedule in an effort to
accommodate the city's rapid growth and redevelopment plans. The result, designed
and constructed in partnership with FDOT, is a soaring, landmark structure that has
become a signature for Clearwater.
The construction of a new, state-of-the-art ballpark j ointly supported by the city,
county, CVB, state and the Philadelphia Phillies that guarantees the local economic
benefits of Spring Training in Clearwater for decades to come.
Clearwater Police Department's partnership with the adjacent city of Largo to draft
an interlocal agreement allowing the two cities to enforce local traffic regulations in
areas bordering the two communities, ensuring better traffic safety for residents in an
increasingly crowded community.
Continued cooperation with local housing organizations, federal and state
government to convert brownfields in to attainable housing units.
A partnership between the library system and local schools provides at-risk high
school students with one-on-one interaction and reading improvement. The students
produce interactive reading programs for elementary schools, reinforcing the
importance of literacy and commitment as keys to future success.
Citizen Outreach and Involvement
In 2002 Clearwater launched Clearwater 101, which introduces residents to the inner workings
and critical issues facing the city. Clearwater Police Department also offers a Citizen Police
Academy. Leaders took a new approach to Town Hall meetings, introducing small group
discussion and collective problem solving to give residents direct ownership over the process.
Also, to get young people empowered and involved, the city launched a new initiative called
GotGov!
The Neighborhood Services Division is committed to neighborhood empowerment and
communication. Programs include the Clearwater Neighborhoods Conference, which allows
neighborhood leaders to discuss solutions to common issues, and Celebrate Clearwater
Neighborhoods Day, where more than 30 neighborhoods host block parties while city leaders
travel between neighborhoods to talk directly with residents in an informal atmosphere.
Resident communication includes a biweekly newsletter advertisement, print publications, a
variety of e-newsletters and targeted outreach activities. To ensure that expectations are being
met, the city conducts semi-annual communications and citizen satisfaction surveys. The Council
also receives input from 23 advisory and quasi-judicial citizen boards.
Technology
Clearwater is committed to seeking out new, efficient ways to employ technology to improve
services. Examples include:
Migration to a new, paperless agenda and records management system that
minimizes staff time and instantly provides many documents for public view online.
Installation of a downtown "fiber loop," connecting key city facilities to high-speed
data connections. These connections are being used in innovative and nontraditional
ways, including an Intelligent Transportation System (ITS) project to more efficiently
monitor traffic, and for distribution of video to and from remote facilities.
An award-winning television station, C-VIEW 15, where programs are captured,
edited and cablecast completely digitally to the community.
Numerous web innovations, including an online citizen complaint system that allows
residents to submit concerns and actively track them to resolution; an online utility
bill tracking and payment system; real-time police "call for service" tracking; and
GIS-based mapping of crime and permitting data.
A new digital asset management system that allows more efficient tracking of
Clearwater's assets, from machinery to real estate, in order to establish reliable
service, replacement and surplus schedules.
Innovative Programs and Services
Clearwater's innovations rely on technology, partnerships and the creativity of city staff, and
have set a standard for providing innovative service to our community:
Apoyo Hispano was conceived by the Clearwater Police Department to address the
growing number of Hispanic immigrants in Clearwater. The program recognizes
language, social and cultural barriers, and works to break them down through
education and empowerment. The program centers around the Hispanic Outreach
Center, a joint partnership between Clearwater and the YWCA. Immigrants who are
afraid or unable to find assistance can get guidance for everything from daycare to
immigration to domestic abuse.
The Clearwater Homeless Intervention Project (CHIP) is a non-profit, city-supported
partner dedicated to rehabilitating the city's homeless, providing shelter, food,
counseling, job placement and transitional housing services. The program has been
recognized nationally as a model of success, and Clearwater's Chief of Police serves
as the group's president.
Sailability is a partnership with the non-profit Clearwater Community Sailing
Association to operate and maintain a community-based sailing program. Under their
leadership, the center has made a priority of making sailing accessible to the disabled,
and has hosted races, classes and programs for those with disabilities, including a
paraplegic who learned to control his boat with a breathing apparatus.
Fiscal Management
Strong fiscal management cannot succeed with out strong fiscal managers. The Finance Director
and Budget Director have more than 40 years of combined experience with the city and are
former presidents of the FGFOA. Clearwater has earned GFOA awards for budget (18
consecutive years) and financial reporting (25 consecutive years).
The city's strong fiscal management evidenced by adequate reserves in all funds including a
General Fund reserve that exceeds the Council reserve policy, a health insurance reserve of
approximately $3 million, a self insurance reserve in excess of the actuarial required amount by
over $14 million, and a pension fund with a credit balance of over $24 million (above required
contributions) that remains well funded as compared to most other public and private pension
plans.
City Council
Cover Memorandum
ld. II
Tracking Number: 1,549
Actual Date: 08/15/2005
Subiect / Recommendation:
Appoint a councilmember to represent the Pinellas County Economic Development Council for a
two year term from August 1, 2005 to July 31, 2007.
Summary:
We were recently informed Vice-Mayor Jonson's term on the Pinellas County Economic
Development Council expired at the end of July.
Originating: Official Rec and Legislative Svc
Section: Other items on City Manager Reports
Cateqory: Other
Number of Hard Copies attached: 0
Public Hearing: No
Financial Information:
~ Other
Review Approval
Cvndie Goudeau
08-12-2005
10:23:08
f;Jr 1 d
City Council
,_~__~Qen~t!J;;;9ver .~~l11or!t-:'l~,!:!.!!1_,"w'Mw'_rlrl""""""_'*"*'''''M'_'''='M
Tracking Number: 1,507
Actual Date:
Subiect / Recommendation:
Award a contract to Williams Scotsman Inc., Tampa, Florida, in the amount of $203,040, for the
purchase and installation of one Scots Building in accordance with Sec. 2.564(1)(d), code of
Ordinances - GSA Contract Gs-07F-0257M, and the appropriate officials be authorized to execute
same.
Summary:
City Council approved authorizing supplemental agreement #1 increasing funds to the existing
JPA with the Florida Department of Transportation (FDOT) to complete the new modular
terminal/fixed base operator building at Clearwater Airpark on July 21, 2005. The revised total
project cost provided at an 80/20 split, $202,800 FDOT/$50,700 City, is $253,500 which covers
the added cost for upgrading the building roof and site preparation work.
The City has contracted with Williams Scotsman Inc., through GSA Contract Number
GS-07F-0257M, to supply the fixed base operator building, which includes the delivery, set up,
skirting, steps, ramp and general contracting per scope at a cost of $203,040.
Originating: Marine and Aviation
Section: Other items on City Manager Reports
Cateaorv: Agreements/Contracts - with cost
Public Hearing: No
Financial Information:
~ Capital Expenditure
Bid Required? No
Bid Exceptions:
Other Government Bid
Other Contract?
GS-07F-0257M
In Current Year Budaet?
Yes
Total Cost:
$203,040.00
Not to Exceed:
$203,040.00
Appropriation Code(s)
Amou nt
Comments
City Council
Cover Memorandum
0-315-94838-5636000-542
$203,040.00
80/20 split FDOT grant
Review Approval
Karen Dombrowski
Cvndie Goudeau
07-29-2005 15:29:39
08-12-2005 10:24:55
Brvan Ruff
08-01-2005 08:51:06
Cvndie Goudeau
08-12-2005 10:24:03
George McKibben
08-11-2005 17:03:28
U . _I
IJ. i3
...
o
po
..
City Council
Cover Memorandum
-
o~
Tracking Number: 1,514
Actual Date:
Subject / Recommendation:
Approve the MCCi (Municipal Code Corporation Innovations) Professional Services Proposal for the
purchase and installation of LaserFiche Electronic Document Management System at a cost of
$68,946, and MuniAgenda Electronic Agenda program at a cost of $38,600, for a total cost of
$107,546, in accordance with Code Section 2.564(1)(d), other governmental bid (State contract)
and authorize the appropriate officials to execute same.
Summary:
The City has been using electronic document management and agenda systems purchased from
Identitech. Since the time of these purchases, the focus of the company changed and it
was eventually bought out by eiStream, now Global 360. Because of these events the systems
were not developed as fully as anticipated. Therefore, a decision was made to find replacement
systems.
Staff investigated several document management and agenda systems and determined the
Laserfiche and MuniAgenda products best met our needs.
The MuniAgenda Software (developed by Novusolutions), is a web based solution, designed
specifically for Government organizations.
Laserfiche Software, provides an intuitive browse window, index cards, full-text indexing, user
friendly search options, and virtually unlimited folders, giving users access to any document
quickly. Laserfiche provides a truly concurrent licensing structure. Instead of purchasing a
license for every computer with Laserfiche installed, licenses can be purchased to suit the needs
of the number of people enterprise-wide that will use Laserfiche.
MCCi will meet with staff to customize MuniAgenda to Clearwater's requirements and will convert
existing electronic documents stored in the Identitech FYI system to Laserfiche. Full
implementation of the new system will take place prior to the end of this calendar year.
Originatina: Official Rec and Legislative Svc
Section: Other items on City Manager Reports
Category: Agreements/Contracts - with cost
Number of Hard Copies attached: 2
Public Hearina: No
Financial Information:
~ Capital Expenditure
Bid Reauired? No
Bid Exceptions:
Other Government Bid
City Council
Cover Memorandum
ater
Other Contract?
State contract
In Current Year Budaet?
Yes
Budget Adjustment:
No
Current Year Cost:
$107,546.00
Appropriation Code(s)
315-94836
Comments
Amou nt
$107,546.00
Review Approval
Georae McKibben
08-11-2005
Laura Lipowski
08-11-2005
Cvndie Goudeau
08-11-2005
Tina Wilson
08-11-2005
10:20:14
16: 14:25
10:49:21
15:30:58
Amenity Goal
e3Jr
8-1~ -o~ e~ /V~tl} .
Goal3: Create Downtown as a memorable place to be enjoyed by residents and visitors
that capitalizes on Clearwater's waterfront location, natural resources, built
environment and history.
Objective 3A: Coachman Park shall be redeveloped and expanded as a waterfront park
accessible to all residents and visitors containing active and passive open
space, an improved regional outdoor entertainment venue and a marina.
Objective 3B: The new Main Library will serve as a cultural attraction and an anchor for
the northern section of the Downtown Core.
Objective 3C: A variety of visual and performing art activities and programs shall be
encouraged within the Downtown.
Objective 3D: Redevelopment is encouraged to create a vibrant Downtown environment
containing a variety of building forms and styles that respect Downtown's
character and heritage.
Policies
v
Policy 1: The design guidelines establish the quality and design features expected for
renovation, redevelopment and new construction in Downtown with which all
projects must be consistent.
Policy 2: The character of each district shall be reinforced through the site plan and
design review process. Projects shall be consistent with and contribute
positively to the vision of the character district in which it is located.
Policy 3: The design of all projects in Downtown shall make meaningful contributions
to the pedestrian environment through site and building design.
Policy 4: Renovation, rehabilitation and reuse of historic resources are encouraged.
Flexibility through the site plan review process should be utilized so that
historic resources may be retained and reused.
Policy 5: The City shall pursue various strategies, incentives and planning tools that
will assist in the preservation of historic resources.
Policy 6: The City shall establish a Public Amenities Incentive Pool that provides
density and intensity increases for projects located in all character districts,
except as limited in Old Bay, in excess of the allowable maximum
development potential based on a provision of selected public amenities. The
size of the Incentive Pool shall be the incremental difference between the
'v.
51
",",..